28-9-11
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this chapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier that violates any provision of this chapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney fees incurred by a wholesaler as a result of that violation. A wholesaler that violates any provision of this chapter shall be liable for all actual damages and all court costs and, in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-11.htm - 3K - Match Info - Similar pages
32-7-3
Section 32-7-3 Administration of chapter; appeal to court. (a) Director to administer chapter. The director shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration and shall provide for hearings upon the request of persons aggrieved by orders or acts of the director under the provisions of this chapter. (b) Appeal to court. At any time within 60 days after the rendition of any order or decision by the director under the provisions of this chapter, any party in interest may appeal to the circuit court in and for any county in the State of Alabama wherein any party in interest may reside, or in which any party in interest which is a corporation may have its principal office or place of business, and the appeal may be for the purpose of having the lawfulness of any order, decision, or act of the director inquired into and determined. The court shall determine whether the filing of an appeal shall operate as a stay of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-7-3.htm - 3K - Match Info - Similar pages
6-5-641
Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified or recognized by any court of the State of Alabama unless there shall have been compliance with the procedures for certification of the class set forth in this article. (b) As soon as practicable after the commencement of an action in which claims or defenses are purported to be asserted on behalf of or against a class, or as soon as practicable after such assertions in an amended pleading, but in no event prior to the time allowed by law for each party (including, but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim, the court shall hold a conference among all named parties to the action for the purpose of establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P. 16, for any discovery in which the parties may wish to engage...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-641.htm - 4K - Match Info - Similar pages
8-22-17
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or who would suffer injury from any threatened violation, of this chapter may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court shall enjoin and restrain, or otherwise prohibit, such violation or threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit, including reasonable attorney's fees. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in said action, in addition to such injunctive relief and cost of suit, including reasonable attorney's fees, shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-22-17.htm - 2K - Match Info - Similar pages
6-3-21.1
Section 6-3-21.1 Change or transfer of venue for convenience of parties and witnesses or in interest of justice. (a) With respect to civil actions filed in an appropriate venue, any court of general jurisdiction shall, for the convenience of parties and witnesses, or in the interest of justice, transfer any civil action or any claim in any civil action to any court of general jurisdiction in which the action might have been properly filed and the case shall proceed as though originally filed therein. Provided, however, this section shall not apply to cases subject to Section 30-3-5. (b) The right of a party to move for a change or transfer of venue pursuant to this statute is cumulative and in addition to the rights of a party to move for a change or transfer of venue pursuant to Section 6-3-20, Section 6-3-21, or Alabama Rules of Civil Procedure. (Acts 1987, No. 87-181, p. 242, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-3-21.1.htm - 1K - Match Info - Similar pages
8-18-6
Section 8-18-6 Award of damages and attorneys' fees in civil actions; injunctive, etc., relief. In any civil action for damages against a person for violation of the provisions of this chapter, the court may award damages to the prevailing party and reasonable attorneys' fees. The provisions of this chapter may be enforced by injunction or any other available equitable or legal remedy. (Acts 1978, No. 591, §6.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-18-6.htm - 720 bytes - Match Info - Similar pages
8-20A-3
Section 8-20A-3 Cause of action against manufacturer. (a) A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20A-3.htm - 2K - Match Info - Similar pages
11-81-223
Section 11-81-223 Hearing and entry of judgment; appeals from judgment of circuit court. At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of law and of fact in said civil action, and he shall make such orders as to the proceedings in said civil action and adjournments as will best conserve the interests of all parties and enable him to enter a final judgment with the least possible delay. The final judgment shall find the facts specially and shall state separately the judge's conclusions of law thereon. Any taxpayer or citizen of each organizing subdivision may appear in such proceedings either personally or by attorney, and any party thereto, whether petitioner, defendant or intervenor, dissatisfied with the judgment of the court, may appeal therefrom to the Alabama Supreme Court in accordance with the Alabama Rules of Appellate Procedure. Such appeal shall take priority in the Supreme Court over all...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-81-223.htm - 1K - Match Info - Similar pages
14-15-4
Section 14-15-4 Exhaustion of administrative remedies; dismissal of action; waiver of right to reply; pretrial proceedings; limitations (a) The department and any private company or contractor providing any services within any correctional facility shall adopt administrative remedies for prisoners. The administrative remedies shall be prominently posted and published to all prisoners. (b) A prisoner incarcerated by the department may not assert a pro se civil claim under state law until the prisoner exhausts all administrative remedies available. If a prisoner files a pro se civil action in contravention of this section, the court shall dismiss the action without prejudice. (c) The court shall take judicial notice of administrative remedies adopted by the department that have been filed with the Clerk of the Supreme Court of Alabama. (d)(1) The court, on its own motion or on the motion of a party, may dismiss any prisoner pro se civil action if the court is satisfied that the action is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/14-15-4.htm - 4K - Match Info - Similar pages
31-2-90
Section 31-2-90 Appointment of counsel to defend National Guard members in certain actions. If a civil or criminal action shall be commenced in any court by any person against any member of the National Guard of this state for any act or omission alleged to have been committed by such member while on any duty under this chapter, or against any member acting under the authority or order of any officer or by virtue of any warrant issued pursuant to law, the Adjutant General shall investigate the allegation, and upon determination by the Adjutant General that such person acted reasonably or in the line of duty, the Governor shall appoint counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant. The cost and expense of any such defense shall be paid out of the regular or special appropriations for the maintenance of the National Guard or the General Fund, in the discretion of the Governor. Any determination by the Adjutant General or reasonableness or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-90.htm - 1K - Match Info - Similar pages
|