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6-11-20
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence
proven; definitions. (a) Punitive damages may not be awarded in any civil action, except civil
actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in
a tort action where it is proven by clear and convincing evidence that the defendant consciously
or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.
Nothing contained in this article is to be construed as creating any claim for punitive damages
which is not now present under the law of the State of Alabama. (b) As used in this article,
the following definitions shall apply: (1) FRAUD. An intentional misrepresentation, deceit,
or concealment of a material fact the concealing party had a duty to disclose, which was gross,
oppressive, or malicious and committed with the intention on the part of the defendant of
thereby depriving a person or entity of property or legal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-20.htm - 2K - Match Info - Similar pages
9-17-109
consumer using his or her equipment or appliance in a manner or for a purpose other than that
for which the equipment or appliance was intended, no legal action shall be commenced against
his or her LP-gas dealer. (3) All LP-gas dealers are required to document and maintain in
writing all notices received from consumers for a period of not less than five years. Any
LP-gas dealer who is found not to have maintained such notices in writing as required herein
shall be guilty of a Class B misdemeanor. (f) No LP-gas dealer shall be subject to any award
of punitive or exemplary damages, except in those cases falling within Sections 6-5-391
and 6-5-410, except upon a showing by clear and convincing evidence of gross negligence or
willful or wanton misconduct. (Acts 1965, No. 220, p. 305, §9; Acts 1979, No. 79-435, p.
690, §1; Acts 1984, No. 84-293, p. 555, §1; Acts 1989, No. 89-535, p. 1097, §1; Acts 1993,
No. 93-632, p. 1079, §3; Act 2006-246, p. 444, §1; Act 2014-145, p. 353, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-109.htm - 9K - Match Info - Similar pages
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
45-2-22.11
Section 45-2-22.11 Remedies. (a) If a supplier engages in conduct prohibited under this part,
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 part, 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 part 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 part shall be
liable for all actual damages and all court costs and, in the court's discretion, reasonable
attorney fees incurred by the supplier as a result of that violation. (c)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.11.htm - 3K - Match Info - Similar pages
45-37-21.12
Section 45-37-21.12 Violations. (a) If a supplier engages in conduct prohibited under this
part, 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 part, 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 this part shall be liable for all actual damages and all court costs and, in
the discretion of the court, reasonable attorney fees incurred by a wholesaler as a result
of that violation. A wholesaler that violates this part shall be liable for all actual damages
and all court costs and, in the discretion of the court, reasonable attorney fees incurred
by the supplier as a result of that violation. (c) This part imposes upon a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.12.htm - 3K - Match Info - Similar pages
45-49-23.10
Section 45-49-23.10 Remedies. (a) If a supplier engages in conduct prohibited under this part,
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 part, 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 this part 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 this part shall be liable for all actual damages and
all court costs and, in the court's discretion, reasonable attorney fees incurred by the supplier
as a result of that violation. (c) This part imposes upon a supplier...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.10.htm - 3K - Match Info - Similar pages
26-23A-10
Section 26-23A-10 Remedies. In addition to whatever remedies are available under the common
or statutory law of this state, failure to comply with the requirements of this chapter shall:
(1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction
under this chapter shall be admissible in a civil suit as prima facie evidence of a failure
to obtain an informed consent or parental or judicial consent. The civil action may be based
on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness,
intention, or other legal standard of care. (2) Provide a basis for professional disciplinary
action under any applicable statutory or regulatory procedure for the suspension or revocation
of any license for physicians, psychologists, licensed social workers, licensed professional
counselors, registered nurses, or other licensed or regulated persons. Any conviction of any
person for any failure to comply with the requirements of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23A-10.htm - 1K - Match Info - Similar pages
45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty
at law, when there is reason to believe that any person is violating or is about to violate
this part, the Houston County Commission may initiate a civil action in the Circuit Court
of Houston County in the name of the county against the person for preliminary and permanent
injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure
shall apply to the extent that the rules are not inconsistent with this part except that no
temporary restraining order shall be issued pursuant to this section. No bond shall be required
of the county or county commission bringing the action and the official, the county commission,
and the officers, agents, and employees of the county commission shall not be liable for costs
or damages, other than court costs, by reason of injunctive orders not being granted or where
judgment is entered in favor of the defendant by the trial or an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35-20.06.htm - 3K - Match Info - Similar pages
5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain license;
damages for deliberate violation or reckless disregard; written notice of violations; oral
statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging a finance
charge in excess of the amount authorized herein, except as specified in subdivision (2),
shall forfeit debtor's actual economic damages not to exceed the finance charge, and shall
refund to the debtor such amount of the actual economic damages, which may be done by reducing
the amount of the debtor's obligation. If the debtor is entitled to a refund and the creditor
refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including
the filing of a legal action, the debtor shall recover a penalty of five times the amount
of the actual economic damages not to exceed the finance charge, but in any event not less
than one hundred dollars ($100). Provided, however, as to any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-19.htm - 7K - Match Info - Similar pages
13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over
other matters. (1) When there is reason to believe that any person is violating or is about
to violate any of the provisions of this division, the Attorney General or district attorney
may initiate a civil action in the circuit court in the name of the State of Alabama against
such person for preliminary and permanent injunctive relief, to prevent or enjoin the violation.
The Alabama Rules of Civil Procedure shall apply to the extent that such rules are not inconsistent
with this section; provided, however, that no temporary restraining order shall be issued
pursuant to this section. No bond shall be required of the official bringing the action and
the official, the political subdivision and the officers, agents, and employees of the political
subdivision shall not be liable for costs or damages, other than court costs, by reason of
injunctive orders not being granted or where judgment is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-200.7.htm - 3K - Match Info - Similar pages
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