Cases Released October 30, 2009

From the Alabama Court of Civil Appeals:

A.S.T. v. Etowah County Department of Human Resources

Progressive Specialty Insurance Company v. Kyle

M.M. v. D.P.

Marsh v. Smith

Montgomery v. Montgomery

Herring-Malbis I, LLC v. TEMCO, Inc.

Dickson Campers, Inc. v. City of Mobile

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte McKenzie; Petition for Writ of Mandamus (In re: Booker v. McKenzie et al.)

Ex parte Watson et al.; Petition for Writ of Mandamus (In re: Givan v. Watson et al.)

Miller et al. v. Governor Bob Riley et al.

CIT Communication Finance Corporation v. McFadden, Lyon & Rouse, L.L.C.

Complete List of Cases from the Alabama Supreme Court

Court of Civil Appeals States Standard Governing Review of Trial Court’s Ruling on Motion to Vacate a Default Judgment

In LVNV Funding, LLC v. Boyles, released last week, the Alabama Court of Civil Appeals reversed the trial court’s judgment denying a motion to vacate a default judgment pursuant to Rule 60(b)(4).  The case was handled by Lightfoot, Franklin & White’s own Chips Pruet and Wes Gilchrist and provides a good recent statement of the standard of review governing a ruling on a motion to vacate a default judgment.  

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Cases Released October 23, 2009

From the Alabama Court of Civil Appeals:

State Department of Human Resources, on behalf of J.A.S.

Ford v. Stringfellow Memorial Hospital

LVNV Funding, LLC v. Boyles

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Jefferson County et al. v. Weinrib, as the duly elected tax assessor of Jefferson County

Madison County Department of Human Resources v. T.S.

Ex parte State of Alabama; Petition for Writ of Mandamus (In re: State of Alabama v. Cornelius)

LPP Mortgage, Ltd. v. Boutwell et al.

CNH America, LLC v. Roebuck

Madaloni v. The City of Mobile et al.

Ex parte Nettles; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Nettles v. White)

Sverdrup Technology, Inc. v. Robinson d/b/a ADR Technical Services

Gill v. Cobern

Johnson v. Neal

Complete List of Cases from the Supreme Court of Alabama

Issue, Though Preserved Below, Not Subject to Appellate Review When First Raised in Oral Argument

Ordinarily, an appellate court will not consider an argument that a party presents to the court for the first time at oral argument, even though the party preserved the argument in the lower court.  "Issues not clearly raised in the briefs are considered abandoned."  Edwards v. Niagara Credit Solutions, Inc., No. 08-17006 (11th Cir. Oct. 14, 2009).

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Court Raises Absence of Indispensible Party Ex Mero Moto

An appellate court must raise the absence of an indispensable party ex more moto and must dismiss an action without prejudice if the plaintiff has not joined an indispensable party.  The failure to join an indispensible party could produce inconsistent verdicts and "impact the rights, duties, and liabilities of the litigants, members of the public, and the county."  Wilson v. Berry, No. 2080615 (Ala. Civ. App. Oct. 16, 2009).

Unlike Jurisdiction, Party May Waive Argument Concerning Real Party in Interest

When the Court notices a possible jurisdictional defect in a case, it is incumbent upon the Court to examine the issue, even though no party has raised it.  The question of whether a case is being prosecuted by the real party in interest is not  a jurisdictional question.  The real party in interest is the person who possesses the right that is sought to be enforced.  For a defendant to challenge an action on the basis of the plaintiff’s inability to pursue the claim because the plaintiff is not the real party in interest, the defendant must brief the issue in its mandamus petition.  A petitioner waives arguments that it does not make in its petition.  The Court will not "do independent research to determine whether a petitioner for a writ of mandamus has established a clear legal right."  Ex parte Simpson, No. 1080981 (Ala. Oct. 16, 2009). 

Cases Released October 16, 2009

From the Alabama Court of Civil Appeals:

Ex parte Darnall et al.; Petition for Writ of Mandamus (In re: Darnall et al. v. Hughes et al.)

Steward Machine Company, Inc. v. Board of Trustees of the University of Alabama, for its division University of Alabama Hospital

Wilson v. Berry

Williams v. Valley View Health and Rehabilitation, LLC

Rose v. Jackson

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Supreme Court of Alabama:

AstraZeneca LP v. State of Alabama

Chiepalich v. Coale

StoneMor Alabama, LLC v. Summers

Ex parte Simpson, individually and as mayor of the Town of Gurley; Petition for Writ of Mandamus (In re: M&N Materials, Inc. v. Town of Gurley et al.)

White Smile USA, Inc. v. Board of Dental Examiners of Alabama

Complete List of Cases from the Alabama Supreme Court

“Ala. court rejects verditcs in drug price cases”

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 

Cases Released October 9, 2009

From the Alabama Court of Civil Appeals:

University of South Alabama Hospitals v. Blackmon

M.R.J. v. D.R.B.

A.C. v. C.C.

Downs v. Lyles

H.J.T. v. State of Alabama ex rel. M.S.M.

L.E.O. v. A.L.

General Electric Company v. Baggett

Bishop State Community College v. Archible

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte M.S.; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: M.S. v. Alabama Department of Human Resources)

Complete List of Cases from the Alabama Supreme Court