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18-1A-95
Section 18-1A-95 Disposition of preliminary objections; award of litigation expenses to defendant.
(a) If the probate court determines that a preliminary objection is meritorious, the court
shall make an appropriate order including: (1) Dismissal of the action, in whole or in part,
if the plaintiff is not authorized to take the property, or some part thereof, or the acts
or omissions constituting the basis for the objection will necessarily inflict irreparable
injury upon the defendant; (2) Conditional dismissal, in whole or in part, unless, within
a specified period, the plaintiff takes corrective or remedial action prescribed in the order,
including, if appropriate, the adoption of a new or amended condemnation authorization; or
(3) Any other disposition required by the circumstances. (b) In addition to other requirements
of an order sustaining a preliminary objection or determining that the failure or omission
constituting the basis of the objection was reasonably excusable, the...
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6-5-549.1
Section 6-5-549.1 Limits of liability insurance coverage in legal action against health care
providers; testimony of health care providers as specialists. (a) This section and Sections
6-5-548 and 6-5-549 shall be known and may be cited as "The Alabama Medical Liability
Act of 1996." (b) The Legislature of the State of Alabama finds and declares that a crisis
continues to threaten the delivery and availability of medical services to the people of Alabama
and the health and safety of the citizens of this state are in jeopardy as a result of this
crisis. In accordance with the previous declarations of the Legislature of Alabama in Sections
6-5-480 to 6-5-488, inclusive, 27-26-1 to 27-26-4, inclusive, and 27-26-20 to 27-26-43, inclusive,
and Sections 6-5-540 to 6-5-552, inclusive, it is the declared intent of this Legislature
to ensure that quality medical services continue to be available at reasonable costs to the
citizens of the State of Alabama. The continuing and ever increasing...
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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...
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22-13-35
Section 22-13-35 Liability under article. (a) No person shall have any claim or cause of action
against the State of Alabama, or its political subdivisions, or any individual arising out
of any acts or omissions which occurred under the provisions of this article, if the state,
political subdivisions, or individual is in compliance with this article. (b) No person shall
have any claim or cause of action against any person, or the employer or employee of any person,
who participates in good faith in the reporting or receiving, or both, of cancer registry
data or data for cancer or benign brain-related tumor morbidity or mortality studies in accordance
with this article. (c) No license of a health care facility or health care provider may be
denied, suspended, or revoked for the good faith disclosure of confidential or privileged
information in the reporting of cancer registry data or data for cancer or benign brain-related
tumor morbidity or mortality studies in accordance with this...
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13A-6-157
Section 13A-6-157 Civil action by victims; venue; relief awarded. (a) An individual who is
a victim of human trafficking may bring a civil action in the appropriate state court. (b)
Venue for any action brought under this section shall be in the county in which the offense
was committed or in any other county into or through which the person upon whom it was committed
may have been carried in the commission of the offense. If venue is proper in more than one
county, venue shall be in either county. (c) The court may award actual damages, compensatory
damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing
plaintiff shall also be awarded attorney's fees and costs. Treble damages shall be awarded
on proof of actual damages where defendant's acts were willful and malicious. (d) The court
shall award a prevailing plaintiff attorney's fees and costs. (e) Upon commencement of any
action brought under this section, the clerk of the court shall mail a copy...
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22-11C-12
Section 22-11C-12 Liability under chapter. (a) No person shall have any claim or cause of action
against the State of Alabama, or its political subdivisions, or any individual arising out
of any acts or omissions which occurred under the provisions of this chapter, if the state,
political subdivisions, or individual is in compliance with this chapter. (b) No person shall
have any claim or cause of action against any person, or the employer or employee of any person,
who participates in good faith in the reporting or receiving, or both, of head or spinal cord
registry data or data for head or spinal cord injury morbidity or mortality studies in accordance
with this chapter. (c) No license of a health care facility or health care provider may be
denied, suspended, or revoked for the good faith disclosure of confidential or privileged
information in the reporting of head or spinal cord injury registry data or data for head
or spinal cord injury morbidity or mortality studies in accordance...
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12-19-71
Section 12-19-71 Circuit and district court filing fee - Amount. (a) The filing fees which
shall be collected in civil cases shall be: (1) Thirty-five dollars ($35) for cases filed
on the small claims docket of the district court in which the matter in controversy, exclusive
of interest, costs, and attorney fees, totals one thousand five hundred dollars ($1,500) or
less; provided, however, if attorney fees have been allowed by applicable state law or contract,
the amount of these fees shall be added to the amount of the matter in controversy above in
determining the jurisdictional amount. (2) One hundred nine dollars ($109) for cases filed
on the small claims docket of the district court in which the matter in controversy, exclusive
of interest, costs, and attorney fees, exceeds one thousand five hundred dollars ($1,500)
but does not exceed three thousand dollars ($3,000); provided, however, if attorney fees have
been allowed by applicable state law or contract, the amount of these...
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34-14C-6
Section 34-14C-6 Denial, suspension, or revocation of license; hearing; notice, penalties;
appeal. (a) The board may deny, suspend, or revoke a license as provided in this section.
(b) A license may not be denied, suspended, or revoked except by majority vote of the board
and with prior notice and opportunity for hearing in accordance with this chapter and the
Alabama Administrative Procedure Act. (c) The board may institute a hearing for denial, suspension,
or revocation of a license or any person may file a written complaint with the board seeking
the denial, suspension, or revocation of an application for licensure or license issued by
the board or the investigation of any unlicensed person or entity providing home medical equipment
services. The complaint shall be in a form prescribed by the board. (d) A copy of the charges,
including notice of the time and place of hearing, shall be served by certified mail, return
receipt requested, at least 21 days before the scheduled hearing...
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34-21-25
Section 34-21-25 Denial, suspension, or revocation of license; administrative fines; voluntary
disciplinary alternative program. (a) For disciplinary purposes, the board may adopt, levy,
and collect administrative fines not to exceed one thousand dollars ($1,000) per violation
and may institute any legal proceedings necessary to effect compliance with this chapter against
its licensees. (b)(1) The board may also deny, revoke, or suspend any license issued by it
or otherwise discipline a licensee, or holder of a multistate privilege to practice in Alabama,
upon proof of any of the following regarding the licensee: a. Is guilty of fraud or deceit
in procuring or attempting to procure a license. b. Has been convicted of a felony. c. Is
guilty of a crime involving moral turpitude or of gross immorality that would tend to bring
reproach upon the nursing profession. d. Is unfit or incompetent due to the use of alcohol,
or is addicted to the use of habit-forming drugs to such an extent as to...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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