6-5-774
Section 6-5-774 Remedies. A plaintiff, who establishes by a preponderance of the evidence that
his or her right of publicity has been violated, shall be eligible to receive the following
damages, remedies, and relief: (1) Monetary relief. The measure of damages shall be: a. Statutory
damages in the amount of five thousand dollars ($5,000) per an action or compensatory damages,
including the defendant's profits derived from such use. The plaintiff, within a reasonable
time after the close of discovery, shall elect whether to claim statutory damages or to instead
receive such monetary relief as the fact finder may independently determine to award in accordance
with this section. b. Any other damages available under Alabama law, including punitive damages.
An election of statutory damages does not preclude the recovery of punitive damages if such
damages are available under Alabama law. (2) Injunctive relief. A violation of this article
is deemed to constitute a rebuttable presumption of...
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26-23G-6
Section 26-23G-6 Attorney fees. (a) If judgment is rendered in favor of the plaintiff in an
action described in Section 26-23G-4 or Section 26-23G-5, the court shall also render judgment
for reasonable attorney fees in favor of the plaintiff against the defendant. (b) If judgment
is rendered in favor of the defendant in an action described in Section 26-23G-4 or Section
26-23G-5, and the court finds that the plaintiff's suit was frivolous and brought in bad faith,
the court shall render judgment for reasonable attorney fees in favor of the defendant against
the plaintiff. (c) No attorney fees may be assessed against the woman upon whom an abortion
was performed or attempted to be performed except in accordance with subsection (b). (Act
2016-397, §6.)...
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45-37-41.08
Section 45-37-41.08 Violations. (a) The department may impose an administrative fine in an
amount not to exceed one hundred dollars ($100) per day for any violation of this part, any
regulation adopted pursuant to this part, or any term or condition of any permit issued by
the department. The imposition of an administrative fine shall not preclude the department
seeking other remedies, including, but not limited to, injunctive relief or the imposition
of civil penalties as provided by this part. The total administrative fine shall not exceed
one thousand five hundred dollars ($1,500). (b) In determining the amount of fine to be levied
for a violation, as provided in subsection (a), each of the following factors shall be considered:
(1) The extent and severity of any violation of this part, or the regulations adopted pursuant
to this part. (2) Actions taken by the permittee to correct the violation. (3) Any previous
violations by the permittee. (c) The department may institute legal...
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45-45-175.01
Section 45-45-175.01 Location - Proximity to fire department. (a)(1) In Madison County, any
petroleum product tank farm shall be within five miles of and served by a full-time paid fire
department. The site of any petroleum product tank farm shall be approved by resolution of
the county commission if located outside of the corporate limits of a municipality or by either
resolution of the municipal governing body or by compliance with applicable zoning laws if
located within the corporate limits of a municipality. The petroleum product tank farm operator
shall provide periodic training and fire protection equipment to the fire department staff,
at no cost, for specific risks of fire and spills that could occur. In addition, the petroleum
product tank farm operator shall do all of the following: a. Include all fire protection equipment
required by the National Fire Protection Association Code for petroleum products terminals.
b. Participate in a mutual aid group within the community to...
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26-22-2
Section 26-22-2 Definitions. The following words shall have the following meanings: (1) ABORTION.
The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge
that the termination by those means will, with reasonable likelihood, cause the death of the
unborn child. (2) FERTILIZATION. The fusion of a human spermatozoon with a human ovum. (3)
GESTATIONAL AGE. The age of the unborn child as calculated from the first day of the last
menstrual period of the pregnant woman. (4) HOSPITAL. An institution licensed pursuant to
the provisions of the law of this state. (5) LIVE BIRTH. When used with regard to a human
being, means that the human being was completely expelled or extracted from his or her mother
and after such separation, breathed or showed evidence of any of the following: Beating of
the heart, pulsation of the umbilical cord, definite movement of voluntary muscles, or any
brain-wave activity. (6) MEDICAL EMERGENCY. The condition, which, on the...
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35-19-11
Section 35-19-11 Administration and enforcement of chapter. (a) The department is designated
as the administrating agency for this chapter and is empowered to administer and enforce this
chapter using the authorities granted to it by the Environmental Management Act. However,
such designation shall not imply that the department shall assume any administration or enforcement
functions other than those directly related to the environmental covenant. (b) A civil action
for injunctive or other equitable relief for violation of an environmental covenant may be
maintained by any of the following parties or entities: (1) A party to the covenant. (2) Alabama
Department of Environmental Management. (3) Any person to whom the covenant expressly grants
power to enforce. (4) A person whose interest in the real property or whose collateral or
liability may be affected by the alleged violation of the covenant. (5) A municipality or
other unit of local government in which the real property subject to...
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45-2-180.01
Section 45-2-180.01 Regulation of billboards in unincorporated areas; enforcement; variances;
appeals. (a) This section shall apply only within the unincorporated areas of Baldwin County.
(b)(1) In the unincorporated areas of Baldwin County, the county commission may regulate and
shall have exclusive zoning authority to regulate billboards, including, but not limited to,
the size and location of any billboards. Within the planning jurisdiction of a municipality
that regulates billboards, the county commission shall regulate and shall have exclusive authority
to regulate billboards which regulation and enforcement shall be no less stringent than the
regulation of billboards by municipal ordinance within the corporate limits of the municipality.
The regulations shall be adopted by resolution or ordinance of the county commission at a
regularly scheduled meeting of the commission. Any resolution or ordinance adopted pursuant
to this section shall have standards as to distance between...
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8-17-275
Section 8-17-275 Violations. (a) A manufacturer, wholesale dealer, agent, or any other person
or entity who knowingly sells or offers to sell cigarettes, other than through retail sale,
in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred
dollars ($100) for each pack of the cigarettes sold or offered for sale provided that in no
case shall the penalty against a person or entity for that violation exceed one hundred thousand
dollars ($100,000) during any 30-day period. (b) A retail dealer who knowingly sells or offers
to sell cigarettes in violation of Section 8-17-272 shall be subject to a civil penalty not
to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale,
provided that in no case shall the penalty against any retail dealer exceed twenty-five thousand
dollars ($25,000) for sales or offers to sell during any 30-day period. (c) In addition to
any penalty prescribed by law, any corporation,...
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9-16-11
Section 9-16-11 Enforcement of provisions of article - Institution of civil action for enforcement
of final order of director; engaging in surface mining without valid permit; willful misrepresentations,
etc., in applications; rights of exception and appeal. (a) Should the director determine that
any final order or determination made by him, not then the subject of judicial review, is
being violated by any operator, then the director may cause to have instituted a civil action
in any court of competent jurisdiction to forfeit the bond of the operator as to land affected
by the operator's violation of this article or for injunctive or other appropriate relief
to prevent any further or continued violation of such final order or determination. (b) Any
person required by this article to have a permit who engages in surface mining without a valid
permit to do so as prescribed by this article shall be deemed guilty of a violation of this
article and, upon complaint made by the director in a...
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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)...
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