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6-5-754
Section 6-5-754 Choice of forum. (a) If a claim under the common or statutory law of another
state, the United States, or a foreign country or under international treaty for death or
injury to person or damage to property arises against a manufacturer out of an accident that
occurred outside this state, such claim may be brought in the courts of this state in any
county in which jurisdiction of the defendant can be legally obtained in the same manner in
which jurisdiction could have been obtained if the claim had arisen in this state. (b) The
courts of this state shall apply the doctrine of forum non conveniens in determining whether
to accept or decline to take jurisdiction of an action asserting a claim arising out of an
accident occurring outside this state. (c) In applying the doctrine of forum non conveniens,
the court shall take into account each of the following considerations: (1) The state in which
the claimant resides, giving deference to the claimant's choice of forum only...
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29-3-14
Section 29-3-14 Expiration of chapter; extension or restoration of provisions thereof. The
authority of emergency interim successors to succeed to the powers and duties of legislators
and the operation of the provisions of this chapter relating to quorum, the number of affirmative
votes required for legislative action and limitations on the length of sessions and the subjects
which may be acted upon shall expire two years following the inception of an attack, but nothing
herein shall prevent the resumption before such time of the filling of legislative vacancies
and the calling of elections for the Legislature in accordance with applicable constitutional
and statutory provisions. The Governor, acting by proclamation, or the Legislature, acting
by concurrent resolution, may from time to time extend or restore such authority or the operation
of any of such provisions upon a finding that events render the extension or restoration necessary,
but no extension or restoration shall be for a...
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6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or damages
or wrongful death, whether in contract or in tort, against a health care provider for breach
of the standard of care, the plaintiff shall have the burden of proving by substantial evidence
that the health care provider failed to exercise such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice ordinarily
have and exercise in a like case. (b) Notwithstanding any provision of the Alabama Rules of
Evidence to the contrary, if the health care provider whose breach of the standard of care
is claimed to have created the cause of action is not certified by an appropriate American
board as being a specialist, is not trained and experienced in a medical specialty, or does
not hold himself or herself out as a specialist, a "similarly...
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7-7-302
Section 7-7-302 Through bills of lading and similar documents of title. (a) The issuer of a
through bill of lading, or other document of title embodying an undertaking to be performed
in part by a person acting as its agent or by a performing carrier, is liable to any person
entitled to recover on the bill or other document for any breach by the other person or the
performing carrier of its obligation under the bill or other document. However, to the extent
that the bill or other document covers an undertaking to be performed overseas or in territory
not contiguous to the continental United States or an undertaking including matters other
than transportation, this liability for breach by the other person or the performing carrier
may be varied by agreement of the parties. (b) If goods covered by a through bill of lading
or other document of title embodying an undertaking to be performed in part by a person other
than the issuer are received by that person, the person is subject, with...
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11-43C-62
Section 11-43C-62 Payments and obligations must be in accord with appropriations; certification
by director of finance; void payments and obligations; penalty for knowing violations. No
payment shall be made and no obligation incurred by or on behalf of the city except in accordance
with an appropriation duly made, and no payment shall be made from or obligation incurred
against any allotment or appropriation unless the director of finance shall first certify
that there is a sufficient unexpended and unencumbered balance in such allotment or appropriation
to meet the same; provided that nothing herein shall be taken to prevent the advance authorization
of expenditures for small purchases as provided for by this chapter. Every expenditure or
obligation authorized or incurred in violation of the provisions of this chapter shall be
void. Every payment made in violation of the provisions of this chapter shall be deemed illegal,
and every official who shall knowingly authorize or make such...
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11-44C-62
Section 11-44C-62 Payments and obligations must be in accord with appropriations; certification
by director of finance; void payments and obligations; penalty for knowing violations. No
payment shall be made and no obligation incurred by or on behalf of the city except in accordance
with an appropriation duly made, and no payment shall be made from or obligation incurred
against any appropriation unless the director of finance shall first certify that there is
a sufficient unexpended and unencumbered balance in such appropriation to meet the same; provided
that nothing herein shall be taken to prevent the advance authorization of expenditures for
small purchases as provided for by this chapter. Every expenditure or obligation authorized
or incurred in violation of the provisions of this chapter shall be void. Every payment made
in violation of the provisions of this chapter shall be deemed illegal, and every official
who shall knowingly authorize or make such payment or knowingly take...
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11-92B-12
Section 11-92B-12 Bonds of the authority. (a) Bonds of an authority shall be signed by the
chair or vice chair and attested to by the secretary or assistant secretary. The seal of an
authority shall be affixed thereto. A facsimile of the signature of the officers may be printed
or otherwise reproduced on any such bonds in lieu of being manually subscribed thereon, and
a facsimile of the seal of an authority may be printed or otherwise produced on any such bonds
in lieu of being manually affixed thereto, provided that the bonds have been manually authenticated
by a transfer agent of the bonds issued. Delivery of the bonds so executed shall be valid
notwithstanding any subsequent changes in officers or in the seal of an authority. (b) Bonds
may be executed and delivered by an authority at any time. The bonds shall be in such form
and denominations and of such tenor and maturities, shall bear such rate or rates of interest
or no interest, shall be payable at such times, and shall be...
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23-1-332
Section 23-1-332 Creation; revenue sources; allocation of revenue; use of funds; funds to be
matched; obligation limitations; role of department; unobligated funds. (a) There is created
within the state a program to be known as the Rural Access Program. (b) The following revenues
sources shall be allocated for use of the Rural Access Program. (1) Motor fuel taxes distributed
to the Department of Transportation and deposited in the Public Road and Bridge Fund under
the provisions of Sections 40-17-13 and 40-17-222, in excess of 105 percent of the base year
receipts, compounded annually. Fiscal year 1994-95 is the base year. Any motor fuel tax receipts
that exceed 105 percent of the base year receipts compounded annually shall be allocated to
the Rural Access Program for allocation to the 67 counties of the state. (2) Other funds including,
but not limited to, matching funds provided by counties. (c) Allocation of the revenue received
shall be as follows: (1) Other funds shall be...
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45-37A-52.138
Section 45-37A-52.138 Certification of funds; penalties for violation. No payment shall be
made and no obligation incurred by or on behalf of the city except in accordance with an appropriation
duly made and no payment shall be made from or obligation incurred against any allotment or
appropriation unless the director of finance shall first certify that there is a sufficient
unexpended and unencumbered balance in such allotment or appropriation to meet the same. Nothing
herein shall be taken to prevent the advance authorization of expenditures for small purchases
as provided in subdivision (5) of Section 45-37A-52.163. Every expenditure or obligation authorized
or incurred in violation of this part shall be void. Every payment made in violation of this
part shall be deemed illegal and every official who shall knowingly authorize or make such
payment or knowingly take part therein and every person who shall knowingly receive such payment
or any part thereof shall be jointly and...
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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...
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