14 Alabama opinions name it 2 courts 1939–2017 0 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 |
|---|---|---|
City of Des Moines v. Public Employment Relations Boardgreen2 sentences2012See, e.g., City of Des Moines v. Public Employment Relations Bd., 275 N.W.2d 753, 759 (Iowa 1979) (examining a statute similar to § 41-22-20(k) and holding that the requirement that a party demonstrate that its substantial rights have been prejudiced by an agency error is ‘analogous to a harmless error rule’ and constitutes ‘a direction to the court that an agency’s action should not be tampered with unless the complaining party has in fact been harmed’). 2008See, e.g., City of Des Moines v. Public Employment Relations Bd., 275 N.W.2d 753, 759 (Iowa 1979) (examining a statute similar to § 41-22-20(k) and holding that the requirement that a party demonstrate that its substantial rights have been prejudiced by an agency error is “analogous to a harmless error rule” and constitutes “a direction to the court that an agency’s action should not be tampered with unless the complaining party has in fact been harmed”). | 2 | 2 |
National States Ins. Co. v. Jonesgreen2 sentences1989Co. v. Jones , 393 So.2d 1361 , 1367 (Ala. 1980) (quoting from Old Southern Life Ins. 1989National States Insurance Co. v. Jones , 393 So.2d 1361 (Ala. 1980). | 1 | 3 |
Bar Processing Corp. v. State Tax Commissiongreen2 sentences2012Cf. Bar Processing Corp. v. State Tax Comm’n, 171 Mich.App. 472, 481-82 , 430 N.W.2d 753, 756-57 (1988) (applying administrative-procedure statute similar to § 41-22-20(k) and holding that a procedural violation that was not the cause of the agency action complained of did not prejudice the substantial rights of the party). 2012Cf. Bar Processing Corp. v. State Tax Comm’n, 171 Mich.App. 472, 481-82 , 430 N.W.2d 753, 756-57 (1988) (applying administrative-procedure statute similar to § 41-22-20(k) and holding that a procedural violation that was not the cause of the agency action complained of did not prejudice the substantial rights of the party). | 1 | 2 |
Wilbanks Health Care Services, Inc. v. Medicaid Agencygreen1 sentence2007Cf. Wilbanks , 986 So.2d at 418 (parties should not be able, "by the wording of their agreements, completely [to] thwart the executive or legislative policy underlying administrative regulations"). | 1 | 1 |
Costa v. Sunngreen1 sentence1995See Costa v. Sunn , 5 Haw. | 1 | 1 |
Autrey v. Blue Cross & Blue Shield of Alabamagreen2 sentences1989Because the trial court accurately addresses the state of the law regarding the doctrine of respondeat superior in Alabama, we quote at length from the trial judge's opinion: "The Supreme Court of Alabama has repeatedly stated that a corporation is liable for the torts of its employees, both agent and servant, based upon the principle of respondeat superior, not the doctrine of agency. 'The factual question to be determined is whether the act complained of was done either by agent or servant while acting within the course and scope of his employment; the corporation or principal may be liable 1989Because the trial court accurately addresses the state of the law regarding the doctrine of respondeat superior in Alabama, we quote at length from the trial judge's opinion: "The Supreme Court of Alabama has repeatedly stated that a corporation is liable for the torts of its employees, both agent and servant, based upon the principle of respondeat superior, not the doctrine of agency. `The factual question to be determined is whether the act complained of was done either by agent or servant while acting within the course and scope of his employment; the corporation or principal may be liable | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Wade
green
2 sentences2007Because we accord the legal conclusions of the Court of Civil Appeals no presumption of correctness in our certiorari review, Ex parte Wade, 957 So.2d 477 (Ala.2006), this Court’s review of the opinion of the Court of Civil Appeals must consider only whether the hearing officer’s determination was arbitrary and capricious. 2007Because we accord the legal conclusions of the Court of Civil Appeals no presumption of correctness in our certiorari review, Ex parte Wade , 957 So.2d 477 (Ala. 2006), this Court's review of the opinion of the Court of Civil Appeals must consider only whether the hearing officer's determination was arbitrary and capricious. *Page 1175 The term "arbitrary and capricious" has been defined by the United States Supreme Court in the context of the appellate review of the actions of an agency, or, in this case, of a hearing officer, as follows: "[A]n agency rule would be arbitrary or capricious if | 2 | 2007–2007 |
Hardy v. Brantley
green
2 sentences2017The Mississippi Supreme Court noted that the rule was consistent with Restatement (Second) of Torts § 429 (1966), which was “consistent with the agency principle of --apparent authority long-recognized in [Mississippi].” 471 So.2d at 370 . 2017The 'Mississippi Supreme Court noted that the rule was consistent with Restatement (Second) of Torts § 429 (1966), which was ‘consistent with the agency principle pf apparent authority long-recognized in [Mississippi].’ 471 So.2d at 370 .” 233 So.3d at 961-62. | 1 | 2017–2017 |
Richards v. Iowa Department of Revenue & Finance
green
1 sentence1995Richards v. Department of Revenue Finance , 454 N.W.2d 573 , 574 (Iowa 1990). | 1 | 1995–1995 |
Ex Parte City of Florence
green
1 sentence1988In Ex parte City of Florence , 417 So.2d 191 (Ala. 1982), this Court struck down a city police department regulation as being in conflict with the statutorily required punishment for certain offenses and stated: "It is axiomatic that administrative rules and regulations must be consistent with the constitutional or statutory authority by which their promulgation is authorized. | 1 | 1988–1988 |
Iowa Department of Revenue v. Iowa Merit Employment Commission
green
2 sentences1988Iowa Department of Revenue v. Iowa Merit Employment Commission , 243 N.W.2d 610 (Iowa 1976). 1988Iowa Department of Revenue, supra. An appeal is not a vested right in Alabama but may be taken only where it is authorized by statute, and it must be perfected in accordance with the time and manner as prescribed by the statute, and if such requirements are not complied with the appeal must be dismissed. | 1 | 1988–1988 |
Connolly v. Manchester Savings Bank
green
1 sentence1974Bank, 92 N. H. 89, 25 A.2d 412 . | 1 | 1974–1974 |
Hardeman v. Williams
green
2 sentences1939Hardeman v. Williams, 150 Ala. 415 , 43 So. 726 , 10 L.R.A.,N.S., 653. 1939Hardeman v. Williams, 150 Ala. 415 , 43 So. 726 , 10 L.R.A.,N.S., 653. | 1 | 1939–1939 |
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.