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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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6-11-23
Section 6-11-23 No presumption of correctness; court to conduct hearings; admissible relevant
evidence; trial court to independently reassess award of punitive damages. (a) No presumption
of correctness shall apply as to the amount of punitive damages awarded by the trier of the
fact. (b) In all cases wherein a verdict for punitive damages is awarded, the trial court
shall, upon motion of any party, either conduct hearings or receive additional evidence, or
both, concerning the amount of punitive damages. Any relevant evidence, including but not
limited to the economic impact of the verdict on the defendant or the plaintiff, the amount
of compensatory damages awarded, whether or not the defendant has been guilty of the same
or similar acts in the past, the nature and the extent of any effort the defendant made to
remedy the wrong and the opportunity or lack of opportunity the plaintiff gave the defendant
to remedy the wrong complained of shall be admissible; however, such information...
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12-22-199
Section 12-22-199 Judgment for costs against petitioner when appeal unfavorable; payment thereof
into General Fund; liability for payment. In appeals taken under the provisions of this division,
if the judgment or order of the trial court is affirmed or disposed of otherwise unfavorably
to the defendant or petitioner, the Supreme Court or the Court of Criminal Appeals affirming
said judgment or order shall enter a judgment for costs against the defendant or petitioner,
including an amount equal to the fees of the court reporter paid by the state for transcribing
the evidence and the fees of the clerk incident to the appeal paid by the state. If said costs
are paid by defendant or petitioner, or by another in his behalf, such costs shall be paid
into the General Fund of the State of Alabama. If such costs are not presently paid by the
defendant or petitioner, or by another in his behalf, execution shall be issued by the trial
court upon said judgment against the defendant or petitioner;...
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13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over
other matters. (1) When there is reason to believe that any person is violating or is about
to violate any of the provisions of this division, the Attorney General or district attorney
may initiate a civil action in the circuit court in the name of the State of Alabama against
such person for preliminary and permanent injunctive relief, to prevent or enjoin the violation.
The Alabama Rules of Civil Procedure shall apply to the extent that such rules are not inconsistent
with this section; provided, however, that no temporary restraining order shall be issued
pursuant to this section. No bond shall be required of the official bringing the action and
the official, the political subdivision and the officers, agents, and employees of the political
subdivision shall not be liable for costs or damages, other than court costs, by reason of
injunctive orders not being granted or where judgment is...
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27-17A-23
Section 27-17A-23 Civil actions; liability. The commissioner, the Attorney General, or any
person may bring a civil action against a person or company violating this chapter in the
appropriate court of the county in which the alleged violator resides or has his or her or
its principal place of business or in the county wherein the alleged violation occurred. Upon
adverse adjudication, the defendant shall be liable for actual damages caused by the violation.
The court, as provided by common law, may award punitive damages and may provide equitable
relief as it deems proper or necessary, including enjoining the defendant from further violation
of this chapter. (Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3.)...
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45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty
at law, when there is reason to believe that any person is violating or is about to violate
this part, the Houston County Commission may initiate a civil action in the Circuit Court
of Houston County in the name of the county against the person for preliminary and permanent
injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure
shall apply to the extent that the rules are not inconsistent with this part except that no
temporary restraining order shall be issued pursuant to this section. No bond shall be required
of the county or county commission bringing the action and the official, the county commission,
and the officers, agents, and employees of the county commission shall not be liable for costs
or damages, other than court costs, by reason of injunctive orders not being granted or where
judgment is entered in favor of the defendant by the trial or an...
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6-5-487
Section 6-5-487 Advance payments by defendant or insurer not admission of liability; advance
payments in excess of award not repayable. (a) In all actions for medical liability, any advance
payment made by the defendant or his insurer to or for the plaintiff, or any other person,
may not be construed as an admission of liability for injuries or damages suffered by the
plaintiff or anyone else. Evidence of such advance payment is not admissible until there is
a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment
to the plaintiff to the extent of advance payment. The advance payment shall inure to the
exclusive credit of the defendant or his insurer making the payment. In the event the advance
payment exceeds the liability of the defendant or the insurer making it, the court shall order
any adjustment necessary to equalize the amount which each defendant is obligated to pay,
exclusive of cost. (b) In no case shall an advance payment in excess of...
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6-5-576
Section 6-5-576 Advance payments by defendant or insurer not admission of liability; advance
payments in excess of award not repayable. (a) In all legal service liability actions, any
advance payment made by the defendant or his insurer to or for the plaintiff, or any other
person, may not be construed as an admission of liability for injuries or damages suffered
by the plaintiff or anyone else. Evidence of such advance payment is not admissible until
there is a final judgment in favor of the plaintiff, in which event the court shall reduce
the judgment to the plaintiff to the extent of advance payment. The advance payment shall
inure to the exclusive credit of the defendant or his insurer making the payment. In the event
the advance payment exceeds the liability of the defendant or the insurer making it, the court
shall order any adjustment necessary to equalize the amount which each defendant is obligated
to pay, exclusive of costs. (b) In no case shall an advance payment in excess...
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12-13-11
Section 12-13-11 Grounds for granting new trials; costs therefor. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or prevailing party, or any order of court,
or abuse of discretion, by which the party was prevented from having a fair trial. (2) Misconduct
of the jury or prevailing party. (3) Accident or surprise, which ordinary prudence could not
have guarded against. (4) Excessive or inadequate damages. (5) Error in the assessment of
the amount of recovery, whether too large or too small where the action is upon a contract
or for the injury or detention of property. (6) The verdict or decision is not sustained by
the great preponderance of the evidence or is contrary to law. (7) Newly discovered evidence,
material for the party applying, which he could not, with reasonable diligence, have discovered
and produced at the trial. (8) Error of law occurring at the trial...
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15-18-75
Section 15-18-75 Civil action by victim of crime; credit for restitution paid. Nothing in this
article limits or impairs the right of a person injured by a defendant's criminal activities
to sue or recover damages from the defendant in a civil action. Evidence that the defendant
has paid or has been ordered to pay restitution pursuant to this article may not be introduced
in any civil action arising out of the facts or events which were the basis for the restitution.
However, the court shall credit any restitution paid by the defendant to a victim against
any judgment in favor of the victim in such civil action. If conviction in a criminal trial
necessarily decides the issue of a defendant's liability for pecuniary damages for a victim,
that issue is conclusively determined as to the defendant, if it is involved in a subsequent
civil action. (Acts 1980, No. 80-588, p. 928, §11.)...
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