|
6-5-551
Section 6-5-551 Complaint to detail circumstances rendering provider liable; discovery. In
any action for injury, damages, or wrongful death, whether in contract or in tort, against
a health care provider for breach of the standard of care, whether resulting from acts or
omissions in providing health care, or the hiring, training, supervision, retention, or termination
of care givers, the Alabama Medical Liability Act shall govern the parameters of discovery
and all aspects of the action. The plaintiff shall include in the complaint filed in the action
a detailed specification and factual description of each act and omission alleged by plaintiff
to render the health care provider liable to plaintiff and shall include when feasible and
ascertainable the date, time, and place of the act or acts. The plaintiff shall amend his
complaint timely upon ascertainment of new or different acts or omissions upon which his claim
is based; provided, however, that any such amendment must be made at...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-551.htm - 1K - Match Info - Similar pages
6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-78.htm - 3K - Match Info - Similar pages
25-1-29
Section 25-1-29 Remedies. Any person aggrieved may elect to pursue their remedies under Title
VII of the Civil Rights Act of 1964 as amended, and the Age Discrimination in Employment Act
29 U.S.C. Section 621 or in the alternative bring a civil action in the circuit court of the
county in which the person was or is employed for such legal or equitable relief as will effectuate
the purposes of this article. However, if an action is brought in the federal court, any action
pending in the state court shall be simultaneously dismissed with prejudice. Further, any
party bringing action under this section shall only be entitled to one recovery of damages.
Any damages assessed in one court will offset any entitlement to damages in any other state
or federal court. In any action, a person shall be entitled to a trial by jury of any issue
of fact in any action for recovery of amounts owed as a result of a violation of this article,
regardless of whether equitable relief is sought by any party...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-1-29.htm - 1K - Match Info - Similar pages
43-2-751
Section 43-2-751 Action by creditor to recover dividend. (a) Any creditor of an insolvent estate,
whose claim is not barred, may bring a civil action against any person who has received any
dividend of such estate and may recover from him such an amount of the dividend he has received
as shall be in the same proportion thereto as the claim of the plaintiff bears to the debts
of the estate distributed, including the claim of the plaintiff. (b) But, in such action,
the defendant may reduce the recovery, by showing that such dividend has been reduced by the
recovery or payment of the claims of other creditors of such estate in the like proportion.
(c) In such action, the plaintiff must pay the costs, unless he proves that he has exhibited
his claim and demanded of the defendant his proportion of the dividend received by him before
the commencement of the action. (Code 1852, §§1864-1866; Code 1867, §§2213-2215; Code
1876, §§2585-2587; Code 1886, §§2255-2257; Code 1896, §§323-325;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-751.htm - 1K - Match Info - Similar pages
12-13-11
Section 12-13-11 Grounds for granting new trials; costs therefor. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or prevailing party, or any order of court,
or abuse of discretion, by which the party was prevented from having a fair trial. (2) Misconduct
of the jury or prevailing party. (3) Accident or surprise, which ordinary prudence could not
have guarded against. (4) Excessive or inadequate damages. (5) Error in the assessment of
the amount of recovery, whether too large or too small where the action is upon a contract
or for the injury or detention of property. (6) The verdict or decision is not sustained by
the great preponderance of the evidence or is contrary to law. (7) Newly discovered evidence,
material for the party applying, which he could not, with reasonable diligence, have discovered
and produced at the trial. (8) Error of law occurring at the trial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-11.htm - 1K - Match Info - Similar pages
7-3-420
Section 7-3-420 Conversion of instrument. (a) An instrument is converted under circumstances
which would constitute conversion under personal property law. An instrument is also converted
if it is taken by transfer, other than a negotiation, from a person not entitled to enforce
the instrument or a bank makes or obtains payment with respect to the instrument for a person
not entitled to enforce the instrument or receive payment. An action for conversion of an
instrument may not be brought by (i) the issuer or acceptor of the instrument or (ii) a payee
or indorsee who did not receive delivery of the instrument either directly or through delivery
to an agent or a co-payee. (b) In an action under subsection (a), the measure of liability
is presumed to be the amount payable on the instrument, but recovery may not exceed the amount
of the plaintiff's interest in the instrument. (c) A representative, other than a depositary
bank, who has in good faith dealt with an instrument or its proceeds...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-420.htm - 1K - Match Info - Similar pages
40-10-76
Section 40-10-76 Action for possession defeated 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 any action brought
by the purchaser, or other person claiming under the purchaser, to recover the possession
of lands sold for taxes, a recovery is defeated on the ground that such sale was invalid for
any reason other than that the taxes were not due, the court shall forthwith, on the motion
of the plaintiff, 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 date
of sale, and the amount of such taxes on the lands, if any, as the plaintiff, or the person
under whom he claims, has, since such sale, lawfully paid or assumed by the state after its
purchase, with interest thereon from the date of such payment, the interest...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-76.htm - 1K - Match Info - Similar pages
40-10-83
Section 40-10-83 Effect of payment by original owner or assignee. 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. When the action is against the person for whom the
taxes were assessed or the owner of the land at the time of the sale, his or her heir, devisee,
vendee or mortgagee, the court shall, on motion of the defendant made at any time before the
trial of the action, ascertain (i) the amount paid by the purchaser at the sale and of the
taxes subsequently paid by the purchaser, together with 12 percent per annum thereon, subject
to the limitations set forth in Section 40-10-122(a); (ii) with respect to property located
within an urban renewal or urban redevelopment project area designated pursuant to Chapters
2 or 3 of Title 24, all insurance premiums paid or owed by the purchaser for casualty loss
coverage on insurable structures and the value of all permanent improvements...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-83.htm - 2K - Match Info - Similar pages
35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-227.htm - 1K - Match Info - Similar pages
43-2-627
Section 43-2-627 Setting off indebtedness of distributee or legatee. (a) If, on final settlement,
any distributee or legatee owes the estate any debt, contracted with the decedent in his lifetime
or with the executor or administrator in his representative capacity, the court shall allow
the same in favor of the executor or administrator, as a setoff against the distributive share
of such distributee or legatee and shall decree satisfaction of his distributive share to
the extent of such debt or demand; but the distributee or legatee may make any defense to
the setoff that would be available to him in a direct proceeding for the recovery of the debt.
(b) In no case shall a decree be rendered in favor of the executor or administrator against
such distributee or legatee for the excess, when the debt is greater in amount than the distributive
share; nor shall the executor or administrator be prevented from prosecuting a civil action
in the proper court for any excess that may be due him...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-627.htm - 1K - Match Info - Similar pages
|