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8-12A-2
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not assert
a claim of patent infringement in bad faith. (b) The Attorney General may investigate claims
of patent infringement alleged to have been made in bad faith and may do both of the following:
(1) Issue subpoenas to any person to appear and produce relevant papers, documents, and physical
evidence, and administer an oath or affirmation to any person, in aid of any investigation
or inquiry into possible violations of this chapter. Subpoenas shall be served in accordance
with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful
excuse to obey a subpoena, the Attorney General may apply to a court of competent jurisdiction
for an order compelling compliance. After an action is commenced, discovery may proceed in
accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action in the name
of the state, as necessary, to seek injunctive and any other...
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2-29-6
Section 2-29-6 Proceedings for review of denial or revocation of permit by commissioner. Any
act of the commissioner in refusing to grant or in revoking any permit may be reviewed by
the circuit court of the county in which the business affected is or is proposed to be located,
upon filing of a complaint in such court, within 10 days after notice to the applicant or
permittee of the commissioner's decision. Such complaint shall be entitled in the name of
the applicant or permittee as plaintiff against the commissioner as defendant. Such complaint
shall set forth the action of the commissioner complained of and request its reversal. It
shall be the duty of the commissioner to serve an answer to such complaint within 30 days
after being notified by the plaintiff of its filing. The action shall be heard de novo by
the court. The judge of the circuit court shall determine from the evidence whether the refusal
or revocation of the permit is or is not justified under this chapter and enter...
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30-5-2
Section 30-5-2 Definitions. In this chapter, the following words shall have the following meanings
unless the context clearly indicates otherwise: (1) ABUSE. An act committed against a victim,
which is any of the following: a. Arson. Arson as defined under Sections 13A-7-40 to 13A-7-43,
inclusive. b. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22, inclusive.
c. Attempt. Attempt as defined under Section 13A-4-2. d. Child Abuse. Torture or willful abuse
of a child, aggravated child abuse, or chemical endangerment of a child as provided in Chapter
15, commencing with Section 26-15-1, of Title 26, known as the Alabama Child Abuse Act. e.
Criminal Coercion. Criminal coercion as defined under Section 13A-6-25. f. Criminal Trespass.
Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1, inclusive. g. Harassment.
Harassment as defined under Section 13A-11-8. h. Kidnapping. Kidnapping as defined under Sections
13A-6-43 and 13A-6-44. i. Menacing. Menacing as defined...
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40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
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6-6-410
Section 6-6-410 Debt or demand on which action pending. A debt or demand which is subject to
garnishment may be reached and subjected though an action may be pending thereon; and if the
action is not pending in the court from which the garnishment issues, the court, on proof
by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay
execution until notified by the clerk of the court in which the garnishment or attachment
is instituted that final judgment has been entered, in which case he must make the appropriate
order according to whether the judgment is entered for the plaintiff or defendant. (Code 1852,
§2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907,
§4306; Code 1923, §8057; Code 1940, T. 7, §1001.)...
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27-2-32
Section 27-2-32 Hearings - Appeals. (a) An appeal from the commissioner shall be taken only
from an order on hearing, or as to a matter on which the commissioner has refused or failed
to hold a hearing after demand therefor under Section 27-2-28 or as to a matter as to which
the commissioner has refused or failed to make his order on hearing as required by Section
27-2-31. Any person who was a party to such hearing or whose pecuniary interests are directly
and immediately affected by any such refusal or failure to grant or hold a hearing and who
is aggrieved by such order, refusal, or failure may appeal from such order or as to any such
matter within 30 days after: (1) The order on hearing has been mailed or delivered to the
persons entitled to receive the same; (2) The commissioner's order denying rehearing or reargument
has been so mailed or delivered; (3) The commissioner has refused or failed to make his order
on hearing as required under Section 27-2-31; or (4) The commissioner...
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36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is designed
and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county
where the governmental body's primary office is located by any media organization, any Alabama
citizen impacted by the alleged violation to an extent which is greater than the impact on
the pubic at large, the Attorney General, or the district attorney for the circuit in which
the governmental body is located; provided, however, that no member of a governmental body
may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
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6-6-392
Section 6-6-392 Bond required when garnishment in aid of pending action; exception as to Superintendent
of Banks. When the garnishment is in aid of a pending action, the plaintiff, his agent or
attorney must also give bond in double the amount claimed in the action, with sufficient surety,
to be approved by the officer issuing the writ, with condition that the plaintiff will prosecute
the garnishment to effect and pay the defendant all such damages as he may sustain from the
wrongful or vexatious suing out of such garnishment; and such bond, as to actions thereon,
is subject to the provisions of this code relating to actions on attachment bonds; provided,
however, that the Superintendent of Banks of the State of Alabama shall not be required to
give bond when garnishment is issued in aid of a pending action, which action is based on
a promissory note owned by a bank in the process of liquidation. Such Superintendent of Banks
or the liquidating agent of such bank in liquidation shall,...
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27-11-5
Section 27-11-5 Secretary of State as agent for service of process on insurer; service of process;
attachment of jurisdiction; fees for service. (a) Any insurer not qualified under the laws
of this state to transact the business of insurance as evidenced by a license or certificate
of authority from the Commissioner of Insurance which shall transact, or attempt to transact,
the business of insurance in this state or which shall do, or attempt to do, any of the acts
and occurrences set out in Section 27-11-3 shall, by the doing of such business or the performing
or attempting to perform any of such acts, be deemed to have appointed the Secretary of State,
or his successor or successors in office, to be the true and lawful attorney or agent of such
insurer whom process may be served in any action accrued or accruing from the transacting
of such business or the performing of such act by any such insurer, or by its agent, servant,
or employee. Service of such process shall be made by...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified interpreter
provided in certain criminal and juvenile proceedings; requirements; fees. (a) Deaf person
means any person either totally deaf, or who has defective hearing, or who has both defective
hearing and speech. (b) For the purpose of this section, the term qualified interpreter means
an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry
of Interpreters for the Deaf, or, in the event an interpreter so certified is not available,
an interpreter whose qualifications are otherwise determined. Efforts to obtain the services
of a qualified interpreter certified with a legal skills certificate or a comprehensive skills
certificate will be made prior to accepting services of an interpreter with lesser certification.
No qualified interpreter shall be appointed unless the appointing authority and the deaf person
make a preliminary determination that the...
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