According to this report from al.com, Gov. Bentley will name his current Chief of Staff, and former Tuscaloosa County Circuit Judge, Chuck Malone as the new Chief Justice of the Alabama Supreme Court.. Former Chief Justice Cobb’s resignation became effective today.
Justice Champ Lyons retired from the Alabama Supreme Court today. Jim Main, who has served on the Court of Criminal Apepals since May 2009, was appointed by Gov. Riley to finish out the remaining two years of Justice Lyons’s term.
Click the link for a short article from al.com.
The Alabama Supreme Court and Court of Civil Appeals are bringing their "road show" to Birmingham. Both Courts will hear oral arguments in Birmingham, Alabama on Thursday, October 21, 2010 at the Wright Center on the campus of Samford University. The arguments are scheduled to run from 9:00 a.m. until noon. The arguments are open to the public and admission is free. If you have never seen the Court in action, it is worth checking out.
The Alabama Supreme Court released its statistics for the fiscal year ending September 30, 2010. The statistics cover the number of cases handled, the length of time cases remain pending, and some other interesting information. Click the link to view the report.
Some important changes to the Alabama Rules of Appellate Procedure go into effect on October 1, 2010. Some of the changes include:
1. Appellants no longer have to send a second copy of the record to the appellate court, rescinding Ala. R. App. P. 11(a)(4).
2. You can now file briefs via carriers other than the United States Postal Service. The new Ala. R. App. P. 25(a)(3)(A)(ii) tracks the federal appellate "mailbox" rule, allowing filing through a third party carrier if the document is given to carrier on or before due date and is filed in the clerk’s office within three calendar days of the party’s delivery of the document to the carrier.
3. The number of copies which must be sent to Supreme Court has changed. Now, you must send an original and nine copies (total of 10). Ala. R. App. P. 31(b).
4. The "Interim Electronic Filing and Service Rule" is now codified as Ala. R. App. P. 57.
For a complete set of the changes, click here.
If you’re looking for a blog that discusses cases from the New Jersey Supreme Court, New Jersey Appellate Division, and Third Circuit Court of Appeals (and who’s not?), then look no further than porzioappeallaw.pbnlaw.com/. There, our friend Brian P. Sharkey of Porzio, Bromberg & Newman, P.C. posts often and well regarding important issues before those courts.
Legendary Circuit Court Judge John C. Godbold passed away on December 22, 2009 at age 89. Judge Godbold was the only person ever to serve as Chief Judge of two different judicial Circuits (5th and 11th), and was the author of the seminal piece on appellate advocacy "Twenty Pages and Twenty Minutes."
Here is a brief article from the Montgomery Advertiser: "Federal Judge Godbold dead at 89."
The Alabama Supreme Court reversed $274 million in judgments entered in favor of the state against three pharmaceutical companies – AstraZeneca PLC, Novartis AG, and GlaxoSmithKline PLC – and directed that judgment be entered in the pharmaceutical companies’ favor. The state had alleged that the drug companies overcharged the State for prescription drugs for Medicaid recipients.
Novartis was represented in the appeal by Chris King, Harlan Prater, Craig Rosler, and Nikaa Jordan of Lightfoot, Franklin & White, LLC.
Click the link for an article on the case: "Alabama court rejects $274 million verdicts in drug cases" - AP
There will be an open seat on the Alabama Supreme Court for the 2010 election. Justice Patti Smith has decided not to seek re-election.
Justices Mike Bolin and Tom Parker have stated that they will seek re-election.
Click on the link to "Alabama Justice Patti Smith won’t run again" for a short article from the AP via al.com.