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45-37-21.03
Section 45-37-21.03 Definitions. (a) The following words or phrases, or the plural thereof,
whenever they appear in this part, unless the context clearly requires otherwise, shall have
the meaning ascribed to them in this section: (1) AGREEMENT. Any agreement between a wholesaler
and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase
and sell a brand or brands of wine sold by a supplier. (2) ANCILLARY BUSINESS. A business
owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of
which is directly related to the transporting, storing, or marketing of the brand or brands
of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a
wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler
which recycles empty beverage containers. (3) DESIGNATED MEMBER. The spouse, child, grandchild,
parent, brother, or sister of a deceased individual who owned an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.03.htm - 4K - Match Info - Similar pages
45-49-23.01
Section 45-49-23.01 Definitions. (a) The following words or phrases, or the plural thereof,
whenever they appear in this part, unless the context clearly requires otherwise, shall have
the meaning ascribed to them in this section: (1) AGREEMENT. Any agreement between a wholesaler
and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase
and sell a brand or brands of wine sold by a supplier. (2) ANCILLARY BUSINESS. A business
owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of
which is directly related to the transporting, storing, or marketing of the brand or brands
of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a
wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler
which recycles empty beverage containers. (3) DESIGNATED MEMBER. The spouse, child, grandchild,
parent, brother, or sister of a deceased individual who owned an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.01.htm - 4K - Match Info - Similar pages
45-2-22.05
Section 45-2-22.05 Prohibited activities - Wholesaler. A wholesaler is prohibited from doing
the following: (1) Failing to devote reasonable efforts and resources, within supplier's designated
sales territory, to the sale and distribution of all the supplier's brands of wine which the
wholesaler has been granted the right to sell or distribute. (2) Selling or delivering wine
to a retail licensee located outside the sales territory designated to the wholesaler by the
supplier of a particular brand or brands of wine. Provided, however, during periods of temporary
service interruptions impacting a particular sales territory, a wholesaler who normally services
the impacted sales territory shall file with the board and give to the affected supplier written
notice designating the specific licensed wholesaler or wholesalers, not disapproved by the
supplier, who will service the sales territory during the period of temporary service interruption
and the approximate length of time for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.05.htm - 2K - Match Info - Similar pages
45-49-23.04
Section 45-49-23.04 Prohibited activities Wholesaler. A wholesaler is prohibited from doing
the following: (1) Failing to devote reasonable efforts and resources, within supplier's designated
sales territory, to the sale and distribution of all the supplier's brands of wine which the
wholesaler has been granted the right to sell or distribute. (2) Selling or delivering wine
to a retail licensee located outside the sales territory designated to the wholesaler by the
supplier of a particular brand or brands of wine. Provided, however, during periods of temporary
service interruptions impacting a particular sales territory, a wholesaler who normally services
the impacted sales territory shall file with the board and give to the affected supplier written
notice designating the specific licensed wholesaler or wholesalers, not disapproved by the
supplier, who will service the sale territory during the period of temporary service interruption
and the approximate length of time for the service...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.04.htm - 2K - Match Info - Similar pages
45-37-21.06
Section 45-37-21.06 Prohibited activities - Wholesaler. A wholesaler shall not: (1) Fail to
devote reasonable efforts and resources, within designated sales territory of the supplier,
to the sale and distribution of all the brands of wine of the supplier which the wholesaler
has been granted the right to sell or distribute. (2) Sell or deliver wine to a retail licensee
located outside the sales territory designated to the wholesaler by the supplier of a particular
brand or brands of wine. Provided, however, during periods of temporary service interruptions
impacting a particular sales territory, a wholesaler who normally services the impacted sales
territory shall file with the board and give to the affected supplier written notice designating
the specific licensed wholesaler or wholesalers, not disapproved by the supplier, who will
service the sale territory during the period of temporary service interruption and the approximate
length of time for the service interruption. Each...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.06.htm - 2K - Match Info - Similar pages
6-5-550
Section 6-5-550 Cause of action for malicious prosecution of civil action against health care
provider. There is hereby created a cause of action for damages for malicious prosecution
on the grounds that the party instituting a civil action for injury or damages whether in
contract or in tort against a health care provider based on a breach of the standard of care
knew or should have known that the same was without adequate legal basis, or false, or unfounded,
or without probable cause in the filing of such action, or that the same was filed as a part
of a conspiracy to misuse judicial process by filing such a civil action known to be without
legal basis, false, or unfounded. In any action for malicious prosecution under this section,
the injured party may recover actual damages including litigation costs paid by or on behalf
of the injured party or in the alternative liquidated damages of $500 plus a reasonable attorney's
fee and all other costs of litigation. In an action for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-550.htm - 1K - Match Info - Similar pages
8-21B-8
Section 8-21B-8 Change in management personnel; damaging actions; additional dealership agreements;
recovery of damages. (a) No supplier shall require or prohibit any change in management personnel
of any dealer unless the current or proposed management or personnel fails to meet reasonable
qualifications and standards required by the supplier for its dealers. (b) No supplier shall
engage in any action with respect to a dealer which is arbitrary, in bad faith, or unconscionable
and which causes damage to the dealer. (c) No supplier, without notice to existing dealers,
shall enter into a dealer agreement with another dealer who intends to conduct its dealership
operations from a place of business within the relevant market area of an existing dealer
or dealers representing the same line of heavy equipment. The appointment of a successor dealer
at the same location as its predecessor or within a two-mile radius therefrom within two years
from the date on which its predecessor ceased...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-8.htm - 4K - Match Info - Similar pages
8-21A-4
Section 8-21A-4 Termination, cancellation, or nonrenewal of dealer agreement; sales contract,
etc.; new or relocated dealership; sale or lease of new equipment. (a) Except as provided
in subsection (d), notwithstanding any dealer agreement, sales contract, franchise agreement,
or other agreement by and between dealer and supplier except where grounds for termination
or nonrenewal of a dealer's agreement or a change in his or her competitive position are contained
in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier shall give a
dealer at least 90 days' written notice of the supplier's intent to terminate, cancel, or
not renew a dealer agreement or change the dealer's competitive circumstances. The notice
shall state all reasons relied upon by supplier to show good cause for the action and shall
provide the dealer with a reasonable time in which to correct any claimed deficiency with
a minimum of at least six months. Once mutually agreeable steps have been...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-4.htm - 6K - Match Info - Similar pages
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;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-31.htm - 10K - Match Info - Similar pages
25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries or
death; actions for injury or death resulting from willful conduct; attorney's fees in settlements
with third parties. (a) If the injury or death for which compensation is payable under Articles
3 or 4 of this chapter was caused under circumstances also creating a legal liability for
damages on the part of any party other than the employer, whether or not the party is subject
to this chapter, the employee, or his or her dependents in case of death, may proceed against
the employer to recover compensation under this chapter or may agree with the employer upon
the compensation payable under this chapter, and at the same time, may bring an action against
the other party to recover damages for the injury or death, and the amount of the damages
shall be ascertained and determined without regard to this chapter. If a party, other than
the employer, is a workers' compensation insurance carrier of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-11.htm - 9K - Match Info - Similar pages
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