Justia Civil Procedure Opinion SummariesArticles Posted in Supreme Court of Alabama
Ex parte Liberty National Life Insurance Company and Marcus Rich.
Liberty National Life Insurance Company and Marcus Rich sought mandamus relief to direct the Montgomery Circuit Court ("the trial court") to vacate its order denying their motions to transfer an action filed against them by Kenny and Margie Girdner to Elmore County and to enter an order transferring the action. According to the allegations in the Girdners' complaint, starting in 2017 Liberty National agent Rich came to their house in Wetumpka and offered to restructure their existing Liberty National life-insurance policies; Rich said the restructuring could save the Girdners money. The Girdners alleged that the policies were restructured under the assurances that their premiums would not increase substantially. In late March 2018, three different Liberty National agents met with the Girdners at their house to discuss fixing the "mess" Rich created with their policies. The Girdners alleged that they were given information at that meeting that indicated either that Rich did not know what he was doing or that Rich had intentionally allowed their policies to lapse in order to gain additional commission when new policies were issued. The Girdners again agreed to restructure the policies as the three agents recommended to have their policies reinstated. By September 2018, after Liberty National had failed to reinstate their insurance policies, the Girdners sued Liberty National and Rich alleging misrepresentation, suppression, deceit, unjust enrichment, negligent and/or wanton hiring, supervision, and training, breach of contract, conversion, and "negligent/wanton service." The Girdners asserted that venue was proper in Montgomery County under section 6-3-7(a)(1) and (3), Ala. Code 1975. The Girdners also stated Liberty National had a registered agent in Wetumpka, Elmore County, and that Rich was a resident of Butler County. The Alabama Supreme Court concluded Liberty National and Rich demonstrated venue was improper in Montgomery County and was proper in Elmore County under sections 6-3-7(a)(1) and 6-3-2(a)(3), they demonstrated a clear legal right to have the underlying action transferred to Elmore County. View "Ex parte Liberty National Life Insurance Company and Marcus Rich." on Justia Law
Ex parte Sonia Blunt.
Sonia Blunt, a teacher in the Tuscaloosa City Schools system ("TCS"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Tuscaloosa Circuit Court to enter a summary judgment in her favor on the basis of State-agent immunity as to claims asserted against her by Keith Langston, as next friend and father of Joshua Langston and Matthew Langston, minors at the time the action was filed. Marcus Crawford, a student attending one of Blunt’s summer-school classes at TCS, left campus for lunch at a nearby fast food restaurant. Crawford testified it took longer to get his food order than he estimated, and hurried back to campus. Approximately one mile away on a two-lane public road, Crawford attempted to pass a vehicle in front of him by crossing a double-yellow center line and driving in the oncoming lane of traffic. In doing so, Crawford collided with a vehicle driven by Susan Kines Langston, a TCS teacher, in which Matthew Langston and Joshua Langston were passengers. Susan Langston was killed in the accident, and Matthew and Joshua were seriously injured and eventually had to be life-flighted to Children's Hospital in Birmingham. Crawford was charged, tried, and convicted of reckless manslaughter for his actions in causing Susan Langston's death. He was sentenced to five years and nine months in prison. Thereafter Keith Langston filed suit against Blunt and Patsy Lowry (another TCS teacher). Langston asserted claims of negligence and wantonness against Blunt and Lowry for failing to follow the "policies and procedures" of TCS, which failure allegedly proximately caused the injuries sustained by Matthew and Joshua Langston. The Alabama Supreme Court concluded Langston failed to demonstrate the existence of a detailed rule binding upon Blunt that would establish that she acted beyond her authority in supervising students when she allowed Crawford to leave the school campus at the time and in the manner he did. Therefore, Blunt was entitled to State-agent immunity from Langston's claims of negligence and wantonness pertaining to her alleged violation of a TCS policy or procedure. View "Ex parte Sonia Blunt." on Justia Law
Ex parte Tim Tucker.
Tim Tucker petitioned the Alabama Supreme Court for a writ of mandamus to direct the Baldwin Circuit Court to vacate its order denying his summary-judgment motion in which he contended he was entitled to State-agent immunity for all claims asserted against him by Mary Young in an action stemming from injuries Young sustained when she tripped and fell on a residential street in the City of Orange Beach ("the City") in 2015. Tucker was the public-works director for the City. In January 2015, at approximately 9:30 p.m., Young was walking her dog along Louisiana Avenue. Young testified that it was dark and that there were no street lights. Young attempted to get her dog back on the street after it had veered off the asphalt, and she then tried to step onto the street as well from the shoulder. Young's foot caught on the edge of the asphalt and she tripped and fell to the ground. Young testified that she broke her shoulder as a result of the fall and that it had to be surgically repaired. Young alleged Tucker and the public works department "breached their duty by not inspecting and correcting the significant shoulder drop offs at various locations within the City of Orange Beach, including Louisiana Avenue, at any point during or after the 2012 repaving process ...." The Supreme Court determined Young's primary argument glossed over the more than two-year gap between the completion of the 2012 repavement project and her accident in January 2015. Tucker was entitled to State-agent immunity from all claims Young asserted against him. The circuit court was therefore directed to enter a summary judgment in favor of Tucker. View "Ex parte Tim Tucker." on Justia Law
Posted in: Civil Procedure, Government & Administrative Law, Personal Injury, Supreme Court of Alabama
Ex parte Chris W. Hayslip.
Luther Pate IV and New Pate, LLC, filed suit against Chris Hayslip, among others, seeking indemnity and to set aside a particular transfer of funds as fraudulent. Hayslip filed a motion to dismiss Pate and New Pate's action. The circuit court entered an order granting Hayslip's motion as to Pate and New Pate's indemnity claim and denying the motion as to the fraudulent-transfer claim. Hayslip petitioned the Alabama Supreme Court for a writ of mandamus to direct the circuit court to vacate that portion of its order denying Hayslip's motion to dismiss Pate and New Pate's fraudulent-transfer claim and to enter an order granting the entirety of Hayslip's motion to dismiss. In 2005, Hayslip and Harlan Homebuilders, Inc., formed The Townes of North River Development Company, LLC ("Townes Development Company"), to develop a residential subdivision. Christopher Dobbs and Teresa Dobbs owned Harlan Homebuilders. At some point, a dispute arose as to the ownership of Townes Development Company. In June 2007, Hayslip and Harlan Homebuilders mediated the dispute and agreed to a settlement in which Hayslip and Harlan Homebuilders would sign a new operating agreement for Townes Development Company indicating that Hayslip owned 70% of Townes Development Company and that Harlan Homebuilders owned the remaining 30%. As part of the settlement agreement, the parties further agreed that the Dobbses would purchase Hayslip's 70% interest in Townes Development Company. However, the Dobbses subsequently claimed that they had been fraudulently induced into entering into the settlement agreement and determined to sue Hayslip and Townes Development Company alleging fraud and other business torts. The Alabama Supreme Court concluded Hayslip demonstrated the circuit court should have granted his motion to dismiss Pate and New Pate's fraudulent-transfer claim. Hayslip's petition for mandamus relief was granted. View "Ex parte Chris W. Hayslip." on Justia Law
City of Daphne v. Fannon
The City of Daphne ("the City") appealed a circuit court judgment entered in favor of David and Sarah Fannon, in an action seeking damages pursuant to section 235, Ala. Const. 1901, for the taking of, injury to, or destruction of the Fannons' property for public use. In 1990, the Fannons purchased an unimproved lot on Lovett Lane in Daphne and constructed a house on that lot. To the north of, and parallel to, their lot was a 30-foot right- of-way that was owned by the City. A streambed that was approximately three feet wide meandered along the right-of-way, partially onto the Fannons' lot, and back into the right-of-way and then into Mobile Bay. Also, the right-of-way was wooded and heavily covered with vegetation. The Fannons placed an 18-inch-diameter PVC pipe under the foundation of their house and along the path of the streambed where it meandered onto their lot so that the water would continue to flow into the Bay. Over time, the City made changes to the right-of-way, taking out vegetation and covered it with sand and riprap. Years later, City workers removed the riprap and installed a pipe that dumped into the streamed near the Fannons' property. This changed the water flow around the Fannon property, causing washout and flooding due to increased velocity of water flowing through the City's pipe. A jury ultimately returned a verdict in favor of the Fannons, awarding them compensatory damages on their inverse-condemnation claim. The City appealed. After review, the Alabama Supreme Court concurred with the trial court on the trial court's judgment with respect to trespass and negligence; it reversed, however, with respect to inverse-condemnation and remanded for further proceedings. View "City of Daphne v. Fannon" on Justia Law
Posted in: Civil Procedure, Constitutional Law, Real Estate & Property Law, Supreme Court of Alabama, Zoning, Planning & Land Use
Ex parte Dow Corning Alabama, Inc., et al.
Dow Corning Corporation, Dow Corning Alabama, Inc., Rajesh Mahadasyam, Fred McNett, Zurich American Insurance Company, and National Union Fire Insurance Company of Pittsburgh, Pa., petitioned the Alabama Supreme Court for a writ of mandamus to direct the trial court to vacate an order, entered in a declaratory-judgment action, requiring disclosure of what the petitioners contended was information protected by the attorney-client privilege and the work-product doctrine and to grant their motion for a protective order. In August 2011, Scotty Blue II was injured while working at a facility owned by Dow Corning Alabama. Blue's employer at the time of the accident was Alabama Electric Company, Inc., of Dothan ("Alabama Electric"), which was, pursuant to a contract with Dow Corning Alabama, installing a vacuum system at Dow Corning Alabama's facility. The Alabama Supreme Court determined that although the Dow parties sought contribution from Alabama Electric and National Trust, thereby raising an issue of whether a settlement with Blue was a good-faith, reasonable settlement, resolution of that issue did not require privileged information. The Court surmised the issue could be resolved by consideration of the nonprivileged materials generated in connection with Blue's personal-injury action. Thus, the Dow parties did not waive those protections by seeking indemnity. Accordingly, the Court granted the Dow parties' petition and directed the trial court to vacate its discovery order requiring disclosure of the requested information, and to enter an appropriate protective order. View "Ex parte Dow Corning Alabama, Inc., et al." on Justia Law
Alabama v. City of Birmingham
The State of Alabama appealed a circuit court judgment entered in favor of the City of Birmingham and its mayor, Randall Woodfin. The State sued the City claiming the mayor violated the Alabama Memorial Preservation Act by allowing a plywood screen to be erected around a 40-year-old confederate monument. The pertinent part of the Act the State alleged Birmingham violated was that "no monument which [was] located on public property and has been so situated for 40 or more years may be relocated, removed, altered, renamed, or otherwise disturbed." The circuit court entered a summary judgment in favor of the City defendants, holding that the Act was unconstitutional because it violated the City's purported rights under the First and Fourteenth Amendments to the United States Constitution and it was thus void in its entirety. The Alabama Supreme Court reversed and remanded with instructions to the circuit court to enter an order declaring that the City defendants' actions constituted a violation of section 41-9-232(a) of the Act and imposing a fine on the City defendants in the amount of $25,000. View "Alabama v. City of Birmingham" on Justia Law
Posted in: Civil Procedure, Constitutional Law, Supreme Court of Alabama, Zoning, Planning & Land Use
City of Wetumpka v. Alabama Power Company
The City of Wetumpka sued Alabama Power Company because Alabama Power refused to relocate overhead electrical facilities located within the City's downtown area at the power company's expense. The circuit court dismissed the case, finding that it was within the exclusive jurisdiction of the Alabama Public Service Commission. To this, the Alabama Supreme Court agreed: the City challenged service regulations of the PSC, and the PSC had exclusive jurisdiction to adjudicate such challenges. View "City of Wetumpka v. Alabama Power Company" on Justia Law
Posted in: Civil Procedure, Government & Administrative Law, Supreme Court of Alabama, Utilities Law
Devine v. Bank of New York Mellon Company
Patricia Devine sued to invalidate a foreclosure sale that divested her interest in a property located in Elberta, Alabama. The trial court explained that the foreclosure was lawful and that Devine's lawsuit was, in any event, barred by the statute of limitations and precluded by the doctrine of res judicata. Devine insisted on appeal that the foreclosure was illegal and therefore void, but the Alabama Supreme Court found she failed to address the trial court's application of the statute of limitations and the doctrine of res judicata. The trial court was therefore affirmed. View "Devine v. Bank of New York Mellon Company" on Justia Law
Ali v. Williamson
This case challenged a circuit court default judgment against Muhammad Wasim Sadiq Ali and others in favor of Mike Williamson after a case ordered to private arbitration was remanded to the trial court. Williamson, Patrick Watson, Ali, and others formed RPM, a regional supplier of rental cranes based in Birmingham, in 2008. Williamson was employed as RPM's general manager. Ali was the primary investor and majority owner of RPM, and Ali and Watson allegedly represented to Williamson at the time RPM was formed that Williamson would own a 12% share of the company. In 2012, Watson and Ali told Williamson that, in order to accrue his 12% equity interest in RPM at the end of his five-year employment term, he needed to pay $1,000,000, and that, if Williamson could not pay, his employment would be terminated unless he signed an employment agreement. Williamson signed an employment agreement with RPM which contained an arbitration clause. The employment agreement also contained a noncompetition clause that prohibited Williamson, for two years following the termination of his employment with RPM, from competing with RPM and from being employed by any business that is in competition with RPM. In 2013, a dispute between Williamson and RPM arose concerning Williamson's insurance coverage with respect to RPM vehicles. RPM terminated Williamson's employment "for cause," citing his failure to obtain an appropriate certificate of insurance. In 2014, Williamson filed a complaint against RPM Cranes, LLC ("RPM"), asserting claims of breach of contract, unjust enrichment, conversion, unreasonable restraint of trade, and misrepresentation arising from his alleged ownership of, his employment with, and the termination of that employment with RPM. Ali contended the default judgment was void because the trial court lacked personal jurisdiction over him. After review, the Alabama Supreme Court agreed, and reversed and remanded. View "Ali v. Williamson" on Justia Law
Posted in: Business Law, Civil Procedure, Contracts, Labor & Employment Law, Supreme Court of Alabama