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6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative to recover
damages for wrongful act, omission, or negligence causing the death of the decedent under
Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b) All actions
by common carriers of property subject to Chapter 3 of Title 37 for recovery of their charges,
or any part thereof, shall be begun within two years from the time the cause of action accrues
and not after. (c) For recovery of charges, action shall be begun against common carriers
of property by motor vehicles subject to this article within two years from the time the cause
of action accrues and not after, except as provided in subsection (d) of this section; provided,
that if claim for the overcharge has been presented in writing to the carrier within the two-year
period of limitation, said period shall be extended to include six months from the time notice
in writing is given by the carrier to the claimant...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-2-38.htm - 4K - Match Info - Similar pages
34-24-194
Section 34-24-194 Complaint charging violation of article; hearing; subpoenas; judicial review
of revocation or refusal of license. (a) Any person may file a complaint with the board against
any licensed physical therapist or licensed physical therapist assistant in the state charging
the person with a violation of this article. The complaint shall set forth specifications
of charges in sufficient detail to disclose to the accused fully and completely the alleged
acts of misconduct for which he or she is charged. When a complaint is filed, the executive
director of the board shall mail a copy thereof to the accused by registered mail at his or
her address of record, with a written notice of the time and place of a hearing of the complaint,
advising the accused that he or she may be present in person and by counsel if he or she so
desires to offer testimony and evidence in his or her defense. (b) The board may issue subpoenas
and compel the attendance of any witness or the production of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-24-194.htm - 3K - Match Info - Similar pages
10A-5-4.04
Section 10A-5-4.04 Derivative actions. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144
EFFECTIVE JANUARY 1, 2017. (a) A member may bring an action in the right of a limited liability
company to recover a judgment in its favor if the members or managers with authority to do
so have refused to bring the action or if an effort to cause those members or managers to
bring the action is not likely to succeed. (b) In a derivative action, the plaintiff shall
be a member (1) at the time of bringing the action or have succeeded to the right of a member
by operation of law or pursuant to the terms of the operating agreement from a person who
was a member and (2) at the time of the transaction of which he or she complains. (c) In a
derivative action, the complaint shall set forth with particularity the effort of the plaintiff
to secure initiation of the action by the members or managers with authority to do so, or
the reasons for not making the effort. (d) If a derivative action is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5-4.04.htm - 1K - Match Info - Similar pages
34-24-404
Section 34-24-404 Confidentiality of information, records, and proceedings. All information,
interviews, reports, statements, memoranda, or other documents furnished to or produced by
the Alabama Physician Wellness Committee and any findings, conclusions, recommendations, or
reports resulting from the investigations, interventions, treatment, or rehabilitation, or
other proceedings of such committee are declared to be privileged and confidential. All records
and proceedings of such committee shall be confidential and shall be used by such committee
and the members thereof only in the exercise of the proper function of the committee and shall
not be public records nor available for court subpoena or for discovery proceedings. Nothing
contained herein shall apply to records made in the regular course of business of a physician,
osteopath, hospital, or other health care provider, and information, documents, or records
otherwise available from original sources are not to be construed as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-24-404.htm - 1K - Match Info - Similar pages
34-39-16
Section 34-39-16 Complaints; notice and hearing; judicial review. (a) Any person may file a
complaint with the board against any licensed occupational therapist or licensed occupational
therapy assistant in the state charging the person with having violated this chapter. The
complaint shall set forth specifications of charges in sufficient detail so as to disclose
to the accused fully and completely the alleged acts of misconduct for which he or she is
charged. When a complaint is filed, the secretary of the board, or the executive director
at the request of the secretary, shall mail a copy thereof to the accused by return receipt
mail at his or her address of record, with a written notice of the time and place of hearing
thereof, advising him or her that he or she may be present in person and by counsel if he
or she so desires, to offer evidence and be heard in his or her defense. (b) At the time and
place fixed for the hearing, the board shall receive evidence upon the subject matter...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-39-16.htm - 2K - Match Info - Similar pages
36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is designed
and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county
where the governmental body's primary office is located by any media organization, any Alabama
citizen impacted by the alleged violation to an extent which is greater than the impact on
the pubic at large, the Attorney General, or the district attorney for the circuit in which
the governmental body is located; provided, however, that no member of a governmental body
may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-25A-9.htm - 7K - Match Info - Similar pages
6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any 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 the damages assessed by the trier of fact shall
be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages. The trier
of fact shall not reduce any future damages to present value. If the trial court determines
that any one or more of the above categories is not recoverable in the action, that category
or categories shall be omitted from the itemization. (b)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-543.htm - 9K - Match Info - Similar pages
26-23B-7
Section 26-23B-7 Civil remedies. (a) Any woman upon whom an abortion has been performed or
induced in violation of this chapter, or the father of the unborn child who was the subject
of such an abortion, may maintain an action against the person who performed or induced the
abortion in intentional, knowing, or reckless violation of this chapter for actual and punitive
damages. Any woman upon whom an abortion has been attempted in violation of this chapter may
maintain an action against the person who attempted to perform the abortion in intentional,
knowing, or reckless violation of this chapter for actual damages. (b) A cause of action for
injunctive relief against any person who has intentionally, knowingly, or recklessly violated
this chapter and Section 22-9A-13 may be maintained by the woman upon whom an abortion was
performed or induced or attempted to be performed or induced in violation of this chapter,
by any person who is the spouse, parent, sibling, or guardian of, or a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23B-7.htm - 2K - Match Info - Similar pages
5-2A-82
Section 5-2A-82 Appeals from acts of bureau or supervisor. Any person aggrieved by any order
or act of the bureau or the supervisor may, within 30 days from the entry of the order complained
of or within 60 days of the act complained of if there is no order, file a complaint or appeal
from the order or act against the supervisor in the Circuit Court of Montgomery County or
the circuit court of the county of the residence of the party aggrieved or the circuit court
of the county wherein the party aggrieved does business and file security with the court for
costs. Such complaint may pray for a reversal, rescission or modification of the order or
act complained of and for such other relief as may be appropriate. It shall allege the facts
relied upon as the basis for such relief. When the complaint has been filed, a summons shall
be issued forthwith and shall be served upon the supervisor personally or by registered or
certified mail addressed to his office in the State Banking Department....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-2A-82.htm - 2K - Match Info - Similar pages
6-5-333
Section 6-5-333 Dentists, chiropractors, and physicians serving on utilization and quality
control committees, peer review committees, or professional standards review committees; consultants
thereto and employees thereof; dental, chiropractic and medical societies and associations;
appeal to Alabama Dental Association; confidentiality. (a) Any dentist, chiropractor, or physician
licensed to practice medicine in Alabama who serves on a peer review or a utilization and
quality control committee or professional standards review committee or a similar committee
or a committee of similar purpose or any dentist, physician, chiropractor, or individual who
serves as a consultant or employee to one of said committees established either by a dental
society or dental association or by a chiropractic society or chiropractic association or
by a state medical association or county medical society to review any aspect of dental care,
chiropractic care, or medical care at the request of a government...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-333.htm - 4K - Match Info - Similar pages
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