18-1A-230
Section 18-1A-230 Involuntary dismissal. On motion of the defendant, the court shall dismiss
the action in whole or in part, as justice requires, if: (1) Upon sustaining a preliminary
objection to the plaintiff's complaint, the court determines that a dismissal is required;
(2) The plaintiff has unjustifiably failed to exercise reasonable diligence in prosecuting
the action; (3) The plaintiff has failed to pay the full amount required by the judgment within
time allowed. (Acts 1985, No. 85-548, p. 802, §1301.)...
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22-21B-5
Section 22-21B-5 Injunctive relief. (a) An action for injunctive relief may be brought for
the violation of any provision of this chapter. (b) The court in such action may award injunctive
relief, including ordering reinstatement of a health care provider to his or her prior job
position, back pay, and costs of the action. (Act 2017-189, §5.)...
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22-8B-5
Section 22-8B-5 Liability for damages; wrongful death action; suspension or revocation of license.
(a) Any person, physician, or health care provider who deliberately violates this chapter
by aiding in dying shall be liable for damages. (b) If any person deliberately aids in dying
in violation of this chapter that results in death, the personal representative or administrator
of the estate of the decedent may bring an appropriate action for wrongful death. (c) Any
physician or other health care provider who deliberately aids in dying in violation of this
chapter shall be considered to have engaged in unprofessional conduct for which his or her
license to provide health care services in the state shall be suspended or revoked by the
appropriate licensing board. (Act 2017-231, §5.)...
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6-5-410
Section 6-5-410 Wrongful act, omission, or negligence causing death. (a) A personal representative
may commence an action and recover such damages as the jury may assess in a court of competent
jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere,
for the wrongful act, omission, or negligence of any person, persons, or corporation, his
or her or their servants or agents, whereby the death of the testator or intestate was caused,
provided the testator or intestate could have commenced an action for the wrongful act, omission,
or negligence if it had not caused death. (b) The action shall not abate by the death of the
defendant, but may be revived against his or her personal representative and may be maintained
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence. (c) The damages recovered are not subject to the payment of
the debts or liabilities of the testator or...
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6-5-549
Section 6-5-549 Standard of proof shall be proof by substantial evidence; scintilla rule of
evidence abolished; instruction to jury. In any action for injury or damages or wrongful death,
whether in contract or in tort, against a health care provider based on a breach of the standard
of care, the minimum standard of proof required to test the sufficiency of the evidence to
support any issue of fact shall be proof by substantial evidence. In all such actions, whether
arising in tort or in contract, the scintilla rule of evidence is abolished. In all pleadings
or motions filed in such actions testing the sufficiency of the evidence to support an issue
of fact, including, but not limited to, motions for summary judgment, motions for directed
verdict, motions for judgment notwithstanding the verdict, and any other such motions or pleadings
respecting the sufficiency of the evidence, the standard of proof required shall be proof
by substantial evidence. In the case of a jury trial, the jury...
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8-26B-16
Section 8-26B-16 Civil remedy. (a) An educational institution or student athlete may bring
an action for damages against an athlete agent if the institution or athlete is adversely
affected by an act or omission of the agent in violation of this chapter. An educational institution
or student athlete is adversely affected by an act or omission of the agent only if, because
of the act or omission, the institution or an individual who was a student athlete at the
time of the act or omission and enrolled in the institution: (1) is suspended or disqualified
from participation in an interscholastic or intercollegiate sports event by or under the rules
of a state or national federation or association that promotes or regulates interscholastic
or intercollegiate sports; or (2) suffers financial damage. (b) A plaintiff that prevails
in an action under this section may recover actual damages, costs, and reasonable attorney's
fees. An athlete agent found liable under this section forfeits any...
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10A-2A-7.44
Section 10A-2A-7.44 Pleading. In a derivative action, the complaint must state with particularity:
(a) the date and content of plaintiff's demand and the corporation's response by the corporation
to the demand; or (b) why the demand should be excused as futile. (Act 2019-94, §1.)...
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10A-5A-9.05
Section 10A-5A-9.05 Pleading. In a derivative action, the complaint must state with particularity:
(a) the date and content of plaintiff's demand and the response by the limited liability company
or the series, as the case may be, to the demand; or (b) why the demand should be excused
as futile. (Act 2014-144, p. 265, §1.)...
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10A-9A-9.05
Section 10A-9A-9.05 Pleading. In a derivative action, the complaint must state with particularity:
(a) the date and content of plaintiff's demand and the general partner's response by the limited
partnership to the demand; or (b) why the demand should be excused as futile. (Act 2016-379,
§1.)...
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6-5-332.6
Section 6-5-332.6 Persons who provide transportation to health care facility or health care
provider under certain circumstances. (a) A person who, in good faith, and not for compensation,
provides an individual transportation to a health care facility or health care provider is
not subject to civil liability for negligence claimed by the individual receiving the transportation,
if the provider could not have reasonably anticipated the particular harm caused by the negligent
act while acting in the line and scope of a volunteer in providing transportation, or the
act or omission was not the result of the provider's willful or wanton misconduct. The immunity
provided in this subsection includes transportation from an individual's residence. (b) Acceptance
by the transportation provider of a gratuitous contribution or donation made by the individual
receiving transportation services does not constitute a waiver of immunity under this section.
(Act 2019-450, §1.)...
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