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20 Alabama opinions name it 3 courts 1925–2025 3 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
McClendon v. Mountain Top Flea Marketgreen2 sentences2025Standard of Review " ' "The standard of review applicable to a summary judgment is the same as the standard for granting the motion …." McClendon v. Mountain Top Indoor Flea Market, Inc., 601 So. 2d 957, 958 (Ala. 1992). " ' "A summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. 2025Standard of Review " ' "The standard of review applicable to a summary judgment is the same as the standard for granting the motion …." McClendon v. Mountain Top Indoor Flea Market, Inc., 601 So. 2d 957, 958 (Ala. 1992). " ' "A summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. | 2 | 2 |
Lawler Mobile Homes, Inc. v. Tarvergreen2 sentences2025The King law firm is, as Flickinger noted in his complaint, "an Alabama domestic professional corporation." " 'A corporation or employer will be liable for the torts of its employee committed while acting in the line and scope of his employment even though the corporation or employer did not authorize or ratify such acts and even if it expressly forbade them.' " QHG of Enterprise, Inc. v. Pertuit, 323 So. 3d 1171 , 1180 n.11 (Ala. 2020) (quoting Lawler Mobile Homes, Inc. v. Tarver, 492 So. 2d 297, 305 (Ala. 1986)) (emphasis added). " 'An act is within an employee's scope of employment if the a 2025The King law firm is, as Flickinger noted in his complaint, "an Alabama domestic professional corporation." " 'A corporation or employer will be liable for the torts of its employee committed while acting in the line and scope of his employment even though the corporation or employer did not authorize or ratify such acts and even if it expressly forbade them.' " QHG of Enterprise, Inc. v. Pertuit, 323 So. 3d 1171 , 1180 n.11 (Ala. 2020) (quoting Lawler Mobile Homes, Inc. v. Tarver, 492 So. 2d 297, 305 (Ala. 1986)) (emphasis added). " 'An act is within an employee's scope of employment if the a | 2 | 2 |
Mooneyham v. BOARD OF CHIROPRACTIC EX'RSgreen1 sentence2023In Alabama, the elements of a cause of action for defamation are: "'"1) [A] false and defamatory statement concerning the plaintiff; 2) an unprivileged communication of that statement to a third party; 3) fault amounting to at least negligence on the part of the defendant; and 4) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication of the statement."'" Dolgencorp, LLC v. Spence, 224 So. 3d 173, 186 (Ala. 2016) (quoting Wal- Mart Stores, Inc. v. Smitherman, 872 So. 2d 833, 840 (Ala. 2003), quoting in turn McCaig v. Tallade | 1 | 1 |
Williams v. Marcumgreen1 sentence2023Specifically, they argue that a false and defamatory statement must be a statement of fact and that, therefore, the expression of an opinion cannot be deemed "'actionable defamation.'" Williams v. Marcum, 519 So. 2d 473, 477 (Ala. 1987) (plurality opinion) (quoting the 19 SC-2022-0721 trial court's order). | 1 | 1 |
Wal-Mart Stores, Inc. v. Smithermangreen1 sentence2023In Alabama, the elements of a cause of action for defamation are: "'"1) [A] false and defamatory statement concerning the plaintiff; 2) an unprivileged communication of that statement to a third party; 3) fault amounting to at least negligence on the part of the defendant; and 4) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication of the statement."'" Dolgencorp, LLC v. Spence, 224 So. 3d 173, 186 (Ala. 2016) (quoting Wal- Mart Stores, Inc. v. Smitherman, 872 So. 2d 833, 840 (Ala. 2003), quoting in turn McCaig v. Tallade | 1 | 1 |
McCaig v. Talladega Pub. Co., Inc.green1 sentence2023In Alabama, the elements of a cause of action for defamation are: "'"1) [A] false and defamatory statement concerning the plaintiff; 2) an unprivileged communication of that statement to a third party; 3) fault amounting to at least negligence on the part of the defendant; and 4) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication of the statement."'" Dolgencorp, LLC v. Spence, 224 So. 3d 173, 186 (Ala. 2016) (quoting Wal- Mart Stores, Inc. v. Smitherman, 872 So. 2d 833, 840 (Ala. 2003), quoting in turn McCaig v. Tallade | 1 | 1 |
Dorothy Stevens v. Dorothy Wright Tillmangreen1 sentence2023See, e.g., Stevens v. Tillman, 855 F.2d 394, 402 (7th Cir. 1988) (noting that calling someone a racist "is not actionable unless it implies the existence of undisclosed, defamatory facts"); Cummings v. City of New York, No. 19-cv-7723(CM)(OTW), Feb. 4, 2020 (S.D.N.Y. 2020) (not reported in Federal Supplement) (holding that reference to plaintiff as racist does not have a "precise meaning capable of sustaining a defamation action"); Jorjani v. New Jersey Inst. of Tech., No. 18-cv-11693, Mar. 12, 2019 (D.N.J. 2019) (not reported in Federal Supplement) (recognizing that an allegation of racism al | 1 | 1 |
Dolgencorp, LLC v. Spencegreen1 sentence2023In Alabama, the elements of a cause of action for defamation are: "'"1) [A] false and defamatory statement concerning the plaintiff; 2) an unprivileged communication of that statement to a third party; 3) fault amounting to at least negligence on the part of the defendant; and 4) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication of the statement."'" Dolgencorp, LLC v. Spence, 224 So. 3d 173, 186 (Ala. 2016) (quoting Wal- Mart Stores, Inc. v. Smitherman, 872 So. 2d 833, 840 (Ala. 2003), quoting in turn McCaig v. Tallade | 1 | 1 |
Ex Parte Hodgesgreen1 sentence2017See Ex parte Hodges , 856 So.2d 936 , 947-48 (Ala. 2003) (stating that plain error exists only if failure to recognize the error would "seriously affect the fairness or integrity of the judicial proceedings," and that the plain-error doctrine is to be "used sparingly, solely in those circumstances in which a miscarriage of justice would otherwise result" (internal quotation marks omitted)). | 1 | 1 |
Harrison v. Mockgreen1 sentence2013However, King’s motion for summary judgment as to every other theory is more specific in that it (a) sets out each of the allegations and proof for breach of contract ..., (b) lists all of the required allegations and proof with respect to breach of fiduciary duty consistent with Alabama Code [1975,] [§§] 19-3B-401 & 402 and the decisions in Teal v. Pleasant Grove Local Union #201, 200 Ala. 23, 25 [, 75 So. 335 ] (1917); Harrison, Adm’r, and Gardner, Adm’r v. Mock, et al, 10 Ala. 185, 193 (1846), (c) establishes the facts and allegations with respect to fraud ... and (d) enumerates the element | 1 | 1 |
Teal v. Pleasant Grove Local Union No. 204, Etc.green2 sentences2013However, King’s motion for summary judgment as to every other theory is more specific in that it (a) sets out each of the allegations and proof for breach of contract ..., (b) lists all of the required allegations and proof with respect to breach of fiduciary duty consistent with Alabama Code [1975,] [§§] 19-3B-401 & 402 and the decisions in Teal v. Pleasant Grove Local Union #201, 200 Ala. 23, 25 [, 75 So. 335 ] (1917); Harrison, Adm’r, and Gardner, Adm’r v. Mock, et al, 10 Ala. 185, 193 (1846), (c) establishes the facts and allegations with respect to fraud ... and (d) enumerates the element 2013However, King’s motion for summary judgment as to every other theory is more specific in that it (a) sets out each of the allegations and proof for breach of contract ..., (b) lists all of the required allegations and proof with respect to breach of fiduciary duty consistent with Alabama Code [1975,] [§§] 19-3B-401 & 402 and the decisions in Teal v. Pleasant Grove Local Union #201, 200 Ala. 23, 25 [, 75 So. 335 ] (1917); Harrison, Adm’r, and Gardner, Adm’r v. Mock, et al, 10 Ala. 185, 193 (1846), (c) establishes the facts and allegations with respect to fraud ... and (d) enumerates the element | 1 | 1 |
Dickinson v. Land Developers Const. Co.green1 sentence2013However, King’s motion for summary judgment as to every other theory is more specific in that it (a) sets out each of the allegations and proof for breach of contract ..., (b) lists all of the required allegations and proof with respect to breach of fiduciary duty consistent with Alabama Code [1975,] [§§] 19-3B-401 & 402 and the decisions in Teal v. Pleasant Grove Local Union #201, 200 Ala. 23, 25 [, 75 So. 335 ] (1917); Harrison, Adm’r, and Gardner, Adm’r v. Mock, et al, 10 Ala. 185, 193 (1846), (c) establishes the facts and allegations with respect to fraud ... and (d) enumerates the element | 1 | 1 |
Jenkins v. Stategreen1 sentence2012As noted by the State, although Smith has attached a copy of the discovery order to his brief, it is not contained in the record. 16 “The record on appeal cannot be enlarged or supplemented by an appendix to the appellant’s brief....” Jenkins v. State, 516 So.2d 944, 945 (Ala.Crim.App.1987), citing Tyus v. State, 347 So.2d 1377, 1380 (Ala.Crim.App.), cert. denied, Ex parte Tyus, 347 So.2d 1384 (Ala.1977). | 1 | 1 |
Tyus v. Stategreen1 sentence2012As noted by the State, although Smith has attached a copy of the discovery order to his brief, it is not contained in the record. 16 “The record on appeal cannot be enlarged or supplemented by an appendix to the appellant’s brief....” Jenkins v. State, 516 So.2d 944, 945 (Ala.Crim.App.1987), citing Tyus v. State, 347 So.2d 1377, 1380 (Ala.Crim.App.), cert. denied, Ex parte Tyus, 347 So.2d 1384 (Ala.1977). | 1 | 1 |
Ex Parte Kinggreen2 sentences2007P." 797 So.2d at 1193 , n. 2. 2007P." 797 So.2d at 1193, n. 2 . | 1 | 1 |
Watson v. Stategreen1 sentence2003See, e.g., Watson v. State, 808 So.2d 77 (Ala.Crim.App.2001). | 1 | 1 |
| Ligon v. Stategreen | 1 | 1 |
| McDavid v. United Mercantile Agencies, Inc.green | 1 | 1 |
| Huddleston v. Stategreen | 1 | 1 |
| Alabama Great Southern R. Co. v. Randlegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Chambers v. State
neutral
2 sentences2018Chambers v. State , 26 Ala. 59 (1855) ; William v. State , 39 Ala. 532 (1865) ; Mullis v. State , 258 Ala. 309 , 62 So.2d 451 (Ala. 1953). 2018Chambers v. State , 26 Ala. 59 (1855) ; William v. State , 39 Ala. 532 (1865) ; Mullis v. State , 258 Ala. 309 , 62 So.2d 451 (Ala. 1953). | 2 | 2018–2018 |
William v. State
neutral
2 sentences2018Chambers v. State , 26 Ala. 59 (1855) ; William v. State , 39 Ala. 532 (1865) ; Mullis v. State , 258 Ala. 309 , 62 So.2d 451 (Ala. 1953). 2018Chambers v. State , 26 Ala. 59 (1855) ; William v. State , 39 Ala. 532 (1865) ; Mullis v. State , 258 Ala. 309 , 62 So.2d 451 (Ala. 1953). | 2 | 2018–2018 |
Mullis v. State
green
2 sentences2018Chambers v. State , 26 Ala. 59 (1855) ; William v. State , 39 Ala. 532 (1865) ; Mullis v. State , 258 Ala. 309 , 62 So.2d 451 (Ala. 1953). 2018Chambers v. State , 26 Ala. 59 (1855) ; William v. State , 39 Ala. 532 (1865) ; Mullis v. State , 258 Ala. 309 , 62 So.2d 451 (Ala. 1953). | 2 | 2018–2018 |
Logan v. Sears, Roebuck & Co.
green
1 sentence2023Although the King defendants acknowledge that our appellate courts have not squarely addressed the question whether accusing someone of being "racist" can be defamatory, they note that, in Logan v. Sears, Roebuck & Co., 466 So. 2d 121 (Ala. 1985), this Court held that a reference to a gay man as being "queer as a three-dollar bill" did not amount to defamation. | 1 | 2023–2023 |
SB v. Saint James School
green
2 sentences2023Relying on this Court's decision in S.B. v. Saint James School, 959 So. 2d 72 (Ala. 2006), the King defendants argue, however, that to sufficiently plead an allegation of intentional interference a plaintiff must allege that the defendant "coerced" a third party into acting against the plaintiff. 2023Relying on this Court's decision in S.B. v. Saint James School, 959 So. 2d 72 (Ala. 2006), the King defendants argue, however, that to sufficiently plead an allegation of intentional interference a plaintiff must allege that the defendant "coerced" a third party into acting against the plaintiff. | 1 | 2023–2023 |
Ex Parte Alabama Power Co.
green
2 sentences2023The King defendants argue that we can consider them because they were appended to the mandamus petition previously filed in this action (concerning venue), and they cite Ex parte Alabama Power Co., 280 Ala. 586 , 196 So. 2d 702 (1967), in support of their position. 2023The King defendants argue that we can consider them because they were appended to the mandamus petition previously filed in this action (concerning venue), and they cite Ex parte Alabama Power Co., 280 Ala. 586 , 196 So. 2d 702 (1967), in support of their position. | 1 | 2023–2023 |
White Sands Group, L.L.C. v. Prs II, L.L.C.
green
1 sentence2023In White Sands Group, supra, this Court specifically overruled older opinions, including Saint James School, that required a party asserting a tortious-interference claim to make "a showing of fraud, force, or coercion." 32 So. 3d at 14 . | 1 | 2023–2023 |
Schifano v. Greene Cty. Greyhound Park
green
1 sentence2023Id. at 181 . | 1 | 2023–2023 |
Ex Parte Tyus
green
1 sentence2012As noted by the State, although Smith has attached a copy of the discovery order to his brief, it is not contained in the record. 16 “The record on appeal cannot be enlarged or supplemented by an appendix to the appellant’s brief....” Jenkins v. State, 516 So.2d 944, 945 (Ala.Crim.App.1987), citing Tyus v. State, 347 So.2d 1377, 1380 (Ala.Crim.App.), cert. denied, Ex parte Tyus, 347 So.2d 1384 (Ala.1977). | 1 | 2012–2012 |
Moody v. State
green
1 sentence2005E.g., Moody v. State , 888 So.2d 532 , 582 (Ala.Crim.App. 2003). | 1 | 2005–2005 |
Williams v. State
green
1 sentence2004NOTES [1] See, e.g., Williams v. State, 823 So.2d 1285 (Ala.Crim.App.2001); Pless v. State, 805 So.2d 778 (Ala.Crim.App.2001); and Marks v. State, 791 So.2d 1062 (Ala.Crim.App.2000). [2] Section 13A-8-41, Ala.Code 1975, provides: "(a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he: "(1) Is armed with a deadly weapon or dangerous instrument; or "(2) Causes serious physical injury to another. "(b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon | 1 | 2004–2004 |
Marks v. State
green
1 sentence2004NOTES [1] See, e.g., Williams v. State, 823 So.2d 1285 (Ala.Crim.App.2001); Pless v. State, 805 So.2d 778 (Ala.Crim.App.2001); and Marks v. State, 791 So.2d 1062 (Ala.Crim.App.2000). [2] Section 13A-8-41, Ala.Code 1975, provides: "(a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he: "(1) Is armed with a deadly weapon or dangerous instrument; or "(2) Causes serious physical injury to another. "(b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon | 1 | 2004–2004 |
Pless v. State
green
1 sentence2004NOTES [1] See, e.g., Williams v. State, 823 So.2d 1285 (Ala.Crim.App.2001); Pless v. State, 805 So.2d 778 (Ala.Crim.App.2001); and Marks v. State, 791 So.2d 1062 (Ala.Crim.App.2000). [2] Section 13A-8-41, Ala.Code 1975, provides: "(a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he: "(1) Is armed with a deadly weapon or dangerous instrument; or "(2) Causes serious physical injury to another. "(b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon | 1 | 2004–2004 |
| Davis v. State green | 1 | 2002–2002 |
| Kolmetz v. State green | 1 | 2002–2002 |
King v. State
neutral
1 sentence2002King v. State, 853 So.2d 1048 (Ala.Crim.App.2002). | 1 | 2002–2002 |
| Rice v. State green | 1 | 2002–2002 |
| King v. State green | 1 | 1997–1997 |
| Sheats v. State green | 1 | 1995–1995 |
| Watts v. Pettway green | 1 | 1995–1995 |
| Ex Parte Patterson green | 1 | 1995–1995 |
| Patterson v. Byrd neutral | 1 | 1995–1995 |
| Brady v. Maryland green | 1 | 1991–1991 |
| Eslava v. Lepretre green | 1 | 1925–1925 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.