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6-2-30
Section 6-2-30 Commencement of actions - Generally; actions for injuries resulting from exposure
to asbestos. (a) All civil actions must be commenced after the cause of action has accrued
within the period prescribed in this article and not afterwards, unless otherwise specifically
provided for in this code. (b) A civil action for any injury to the person or rights of another
resulting from exposure to asbestos, including asbestos-containing products, shall be deemed
to accrue on the first date the injured party, through reasonable diligence, should have reason
to discover the injury giving rise to such civil action. This subsection shall not apply to
or affect in any way, actions referred to in Section 6-5-482. (Code 1852, §2474; Code 1867,
§2898; Code 1876, §3223; Code 1886, §2612; Code 1896, §2793; Code 1907, §4832; Code 1923,
§8941; Code 1940, T. 7, §18; Acts 1980, No. 80-566, p. 876, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-2-30.htm - 1K - Match Info - Similar pages
37-1-135
Section 37-1-135 Action on bond for damages resulting from suspension of rates or orders. Any
person, firm, company, or corporation who shall sustain any loss, injury or damage by reason
of the suspension of the rates or orders, or any of them, as aforesaid, may bring a civil
action on the bonds in the name of the State of Alabama, for his use, and recover such damages
as he may have so sustained, including any overcharge or excess rate or charge paid by him,
on account of the suspension of the rates, charges, or orders. A copy of the bond, duly certified
by the secretary or chief clerk or any member of the Public Service Commission under the seal
of the commission, shall be received in evidence without further proof. (Code 1907, §5697;
Code 1923, §9689; Code 1940, T. 48, §93.)...
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6-5-225
Section 6-5-225 Time for commencement of action against architects, engineers, and builders.
(a) It is the purpose and intent of the Legislature in connection with all actions against
architects and engineers, who perform or furnish the design, planning, specifications, testing,
supervision, administration, or observation of the construction of an improvement on or to
real property, and builders who construct, perform, or manage the construction of an improvement
on or to real property designed by and constructed under the supervision, administration or
observation of, or in accordance with the plans and specifications prepared by, an architect
or engineer, to limit the time for commencement of an action to a period of two years from
the date a cause of action accrues and to bar all causes of action and rights of action which
accrue more than seven years after substantial completion of such improvement. The Legislature
finds that this classification distinguishing architects,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-225.htm - 7K - Match Info - Similar pages
22-28-23
Section 22-28-23 Local air pollution control programs. (a) Except as provided in this section,
it is the intention of this chapter to occupy by preemption the field of air pollution control
within all areas of the State of Alabama. However, nothing in this section shall be construed
to limit or abrogate any private remedies now available to any person for the alleviation,
abatement, control, correction, or prevention of air pollution or restitution for damage resulting
therefrom. (b) Subject to the provisions of this section, each municipal governing body which
had municipal ordinances in effect on, or before, July 1, 1969, which pertain to air pollution
control and which provide for the creation and establishment of an air pollution control board
and each county board of health shall have the authority to establish, and thereafter administer,
within their jurisdictions, a local air pollution control program which: (1) Provides, subject
to subsection (d) of this section, by ordinance,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-28-23.htm - 9K - 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...
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25-5-50
Section 25-5-50 Applicability; exemptions; coverage for school boards, volunteer fire departments,
and rescue squads; sports officials. (a) This article and Article 2 of this chapter shall
not be construed or held to apply to an employer of a domestic employee; an employer of a
farm laborer; an employer of a person whose employment at the time of the injury is casual
and not in the usual course of the trade, business, profession, or occupation of the employer;
an employer who regularly employs less than five employees in any one business, other than
the business of constructing or assisting on-site in the construction of new single-family,
detached residential dwellings; or a municipality having a population of less than 2,000 according
to the most recent federal decennial census. An employer who regularly employs less than five
employees in any one business; a farm-labor employer; an employer of a domestic employee;
or a municipality having a population of less than 2,000 according to...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-65.htm - 11K - Match Info - Similar pages
40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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6-5-691
Section 6-5-691 Definitions. For the purposes of this article, the following terms shall have
the following meanings: (1) ASBESTOS ACTION. A civil action arising out of, based on, or related
to the health effects of exposure to asbestos and any derivative claim made by or on behalf
of a person exposed to asbestos or a representative, spouse, parent, child, or other relative
of that person. The term asbestos action does not include claims alleging ovarian cancer.
(2) ASBESTOS TRUST. A government-approved or court-approved trust, qualified settlement fund,
compensation fund, or claims facility that is created as a result of an administrative or
legal action, a court-approved bankruptcy, pursuant to 11 U.S.C. §524(g), 11 U.S.C. §1121(a),
or other applicable provision of law, that is intended, in whole or in part, to provide compensation
to claimants arising out of, based on, or related to the health effects of exposure to asbestos.
(3) TRUST CLAIM MATERIALS. A final executed proof of...
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6-5-685
Section 6-5-685 Application of article. This article shall apply to any civil action asserting
an asbestos claim in which the trial has not commenced as of September 1, 2011. (Act 2011-545,
p. 1001, §6.)...
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