Code of Alabama

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6-5-694
Section 6-5-694 Discovery. (a) In an asbestos action, there shall be a rebuttable presumption
that trust claim materials and trust governance documents are relevant, authentic, and admissible
in evidence. A claim of privilege does not apply to trust claim materials or trust governance
documents. (b) A defendant in an asbestos action may seek discovery from an asbestos trust.
The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide
consent or other expression of permission that may be required by the asbestos trust to release
the information and materials sought by the defendant. (Act 2019-261, §1.)...
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22-5D-10
Section 22-5D-10 Private cause of action not created under chapter. This chapter does not create
a private cause of action against a manufacturer of an investigational drug, biological product,
or device or against any licensed health care provider, other person, or entity involved in
the care of an eligible patient using the investigational drug, biological product, or device
for any harm done to the eligible patient resulting from the investigational drug, biological
product, or device, if the manufacturer or other person or entity is complying in good faith
with the terms of this chapter, unless there was a failure to exercise reasonable care. (Act
2015-320, §10.)...
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34-14A-8.1
Section 34-14A-8.1 Public records; confidential records and closed proceedings; discovery.
(a) All administrative complaints, orders to show cause, notices of hearings, and statements
of charges, and all amendments thereto, and all orders of the board which are dispositive
of the issues raised thereby, shall be public record. (b) All records, reports, documents,
photographs, and information contained in complaint and investigation files, shall be confidential,
shall not be public record, and shall not be available for court subpoena or for discovery
in civil proceedings. Disciplinary action proceedings shall be closed. The record in such
proceedings, including witness testimony, exhibits, and pleadings, shall be confidential,
shall not be a public record, and shall not be available for court subpoena or for discovery
in civil proceedings. (c) Nothing contained herein shall apply to records made in the regular
course of business of an individual. Documents or records otherwise available...
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6-5-579
Section 6-5-579 Severability of underlying action and available defenses. (a) If the liability
to damages of a legal services provider is dependent in whole or in part upon the resolution
of a underlying action, the outcome of which is either in doubt or could have been affected
by the alleged breach of the legal services provider standards of care, then, in that event,
the court shall upon the motion of the legal services provider, order the severance of the
underlying action for separate trial. (b) In defense of the underlying action, the legal services
provider may assert any and all substantive and procedural defense, restriction, limitation,
or immunity which could have the effect of limiting, mitigating, reducing, or avoiding liability
or damages. (Acts 1988, No. 88-262, p. 406, §10.)...
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6-5-663
Section 6-5-663 Liability of volunteer medical professionals. (a) A medical professional who,
in good faith, provides, without fee or compensation, medical treatment, diagnosis, advice,
or nursing services as a part of the services of an established free medical clinic, shall
not be liable for civil damages as a result of his or her acts or omissions in providing the
medical treatment, diagnosis, advice, or nursing services, unless the act or omission was
the result of the licensed healthcare provider's willful or wanton misconduct. (b) Subsection
(a) does not apply to a particular case unless the free medical clinic has posted in a conspicuous
place on its premises an explanation of the immunity from civil liability provided by this
article. (c) The immunity from civil liability provided under subsection (a) also applies
to medical professionals who provide, without fee or compensation, further medical treatment,
diagnosis, advice, or nursing services to a patient upon referral from...
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7-4-202
Section 7-4-202 Responsibility for collection or return; when action timely. (a) A collecting
bank must exercise ordinary care in: (1) Presenting an item or sending it for presentment;
(2) Sending notice of dishonor or nonpayment or returning an item other than a documentary
draft to the bank's transferor after learning that the item has not been paid or accepted,
as the case may be; (3) Settling for an item when the bank receives final settlement; and
(4) Notifying its transferor of any loss or delay in transit within a reasonable time after
discovery thereof. (b) A collecting bank exercises ordinary care under subsection (a) by taking
proper action before its midnight deadline following receipt of an item, notice, or settlement.
Taking proper action within a reasonably longer time may constitute the exercise of ordinary
care, but the bank has the burden of establishing timeliness. (c) Subject to subsection (a)(1),
a bank is not liable for the insolvency, neglect, misconduct, mistake,...
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2-29-6
Section 2-29-6 Proceedings for review of denial or revocation of permit by commissioner. Any
act of the commissioner in refusing to grant or in revoking any permit may be reviewed by
the circuit court of the county in which the business affected is or is proposed to be located,
upon filing of a complaint in such court, within 10 days after notice to the applicant or
permittee of the commissioner's decision. Such complaint shall be entitled in the name of
the applicant or permittee as plaintiff against the commissioner as defendant. Such complaint
shall set forth the action of the commissioner complained of and request its reversal. It
shall be the duty of the commissioner to serve an answer to such complaint within 30 days
after being notified by the plaintiff of its filing. The action shall be heard de novo by
the court. The judge of the circuit court shall determine from the evidence whether the refusal
or revocation of the permit is or is not justified under this chapter and enter...
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22-11A-69
Section 22-11A-69 Confidentiality standards; uses of information gained during investigation.
(a) The records, proceedings, deliberations, and documents related to the investigation and
review of any infected health care worker are confidential and shall be used by committees,
licensing boards of licensed health care workers, panels, and individuals only in the exercise
of their official duties and shall not be public records nor be admissible in court for any
purpose nor subject to discovery in any civil action except appeals governed by Sections 22-11A-64
and 22-11A-65 and appeals from adverse professional license determinations made pursuant to
Sections 22-11A-66 and 22-11A-72(a). Information gained during the investigation of an infected
health care worker and the decision about restriction of practice of an infected health care
worker shall be made available to the appropriate licensing board and to the employer of an
infected health care worker and may be used by the licensing...
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22-21-8
Section 22-21-8 Confidentiality of accreditation, quality assurance credentialling materials,
etc. (a) Accreditation, quality assurance and similar materials as used in this section shall
include written reports, records, correspondence, and materials concerning the accreditation
or quality assurance or similar function of any hospital, clinic, or medical staff. The confidentiality
established by this section shall apply to materials prepared by an employee, advisor, or
consultant of a hospital, clinic, or medical staff and to materials prepared by an employee,
advisor or consultant of an accrediting, quality assurance or similar agency or similar body
and to any individual who is an employee, advisor or consultant of a hospital, clinic, medical
staff or accrediting, quality assurance or similar agency or body. (b) All accreditation,
quality assurance credentialling and similar materials shall be held in confidence and shall
not be subject to discovery or introduction in evidence in...
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5-12A-12
Section 5-12A-12 Mistakes in administration of fund. No mistake made in good faith and in the
exercise of due care in connection with the administration of a common trust fund shall be
deemed to be a violation of this chapter or of any rules or regulations issued pursuant thereto
if promptly after discovery of the mistake the trust institution takes whatever action may
be practical in the circumstances to remedy the mistake. (Acts 1980, No. 80-658, §5-12-12.)...

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