JML motion (Alabama) · Go Syfert
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JML motion in Alabama

14 Alabama opinions name it 2 courts 1999–2014 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.

Followed or applied (13)

CaseFollowedCited
West v. Founders Life Assur. Co. of Floridagreen
ala · 1989 · cited in 2 Alabama opinions naming this issue, 2001–2009
2 sentences

2009Discussion The standard of review of a ruling on a JML motion is well settled: “‘In reviewing a ruling on a motion for a JML, this Court views the evidence in the light most favorable to the non-movant and entertains such reasonable inferences from that evidence as the jury would have been free to draw.’ Daniels v. East Alabama Paving, Inc., 740 So.2d 1033, 1037 (Ala.1999). ‘The denial of a defendant’s motion for a JML is proper only when the plaintiff has presented substantial evidence to support each element of the plaintiffs claim.’ Kmart Corp. v. Bassett, 769 So.2d 282, 284 (AIa.2000). ‘ “

2009Discussion The standard of review of a ruling on a JML motion is well settled: "`In reviewing a ruling on a motion for a JML, this Court views the evidence in the light most favorable to the nonmovant and entertains such reasonable inferences from that evidence as the jury would have been free to draw.' Daniels v. East Alabama Paving, Inc., 740 So.2d 1033, 1037 (Ala.1999). `The denial of a defendant's motion for a JML is proper only when the plaintiff has presented substantial evidence to support each element of the plaintiff's claim.' Kmart Corp. v. Bassett, 769 So.2d 282, 284 (Ala.2000). `"S

22
King Mines Resort, Inc. v. MALACHI M. & MINERALS, INC.green
ala · 1987 · cited in 1 Alabama opinions naming this issue, 2014–2014
2 sentences

2014King Mines Resort, Inc. v. Malachi Mining & Minerals, Inc., 518 So.2d 714, 716 (Ala.1987).

2014King Mines Resort, Inc. v. Malachi Mining & Minerals, Inc., 518 So. 2d 714, 716 (Ala. 1987).

11
Braxton v. Stewartgreen
alacivapp · 1988 · cited in 1 Alabama opinions naming this issue, 2009–2009
1 sentence

2009See Tucker v. Cullman-Jefferson Counties Gas Dist., 864 So.2d 317, 319 (Ala.2003) (“ ‘An appeals court will consider only those issues properly delineated as such, and no matter will be considered on appeal unless presented and argued in brief.’ ” (quoting Braxton v. Stewart, 539 So.2d 284, 286 (Ala.Civ.App.1988), citing in turn Ex parte Riley, 464 So.2d 92 (Ala.1985))).

11
Long v. Wadegreen
ala · 2007 · cited in 1 Alabama opinions naming this issue, 2009–2009
2 sentences

2009Discussion The standard of review of a ruling on a JML motion is well settled: “‘In reviewing a ruling on a motion for a JML, this Court views the evidence in the light most favorable to the non-movant and entertains such reasonable inferences from that evidence as the jury would have been free to draw.’ Daniels v. East Alabama Paving, Inc., 740 So.2d 1033, 1037 (Ala.1999). ‘The denial of a defendant’s motion for a JML is proper only when the plaintiff has presented substantial evidence to support each element of the plaintiffs claim.’ Kmart Corp. v. Bassett, 769 So.2d 282, 284 (AIa.2000). ‘ “

2009Discussion The standard of review of a ruling on a JML motion is well settled: "`In reviewing a ruling on a motion for a JML, this Court views the evidence in the light most favorable to the nonmovant and entertains such reasonable inferences from that evidence as the jury would have been free to draw.' Daniels v. East Alabama Paving, Inc., 740 So.2d 1033, 1037 (Ala.1999). `The denial of a defendant's motion for a JML is proper only when the plaintiff has presented substantial evidence to support each element of the plaintiff's claim.' Kmart Corp. v. Bassett, 769 So.2d 282, 284 (Ala.2000). `"S

11
Kmart Corp. v. Bassettgreen
ala · 2000 · cited in 1 Alabama opinions naming this issue, 2009–2009
2 sentences

2009Discussion The standard of review of a ruling on a JML motion is well settled: "`In reviewing a ruling on a motion for a JML, this Court views the evidence in the light most favorable to the nonmovant and entertains such reasonable inferences from that evidence as the jury would have been free to draw.' Daniels v. East Alabama Paving, Inc., 740 So.2d 1033, 1037 (Ala.1999). `The denial of a defendant's motion for a JML is proper only when the plaintiff has presented substantial evidence to support each element of the plaintiff's claim.' Kmart Corp. v. Bassett, 769 So.2d 282, 284 (Ala.2000). `"S

2009Discussion The standard of review of a ruling on a JML motion is well settled: "`In reviewing a ruling on a motion for a JML, this Court views the evidence in the light most favorable to the nonmovant and entertains such reasonable inferences from that evidence as the jury would have been free to draw.' Daniels v. East Alabama Paving, Inc., 740 So.2d 1033, 1037 (Ala.1999). `The denial of a defendant's motion for a JML is proper only when the plaintiff has presented substantial evidence to support each element of the plaintiff's claim.' Kmart Corp. v. Bassett, 769 So.2d 282, 284 (Ala.2000). `"S

11
Daniels v. East Alabama Paving, Inc.green
· 1999 · cited in 1 Alabama opinions naming this issue, 2009–2009
2 sentences

2009Discussion The standard of review of a ruling on a JML motion is well settled: “‘In reviewing a ruling on a motion for a JML, this Court views the evidence in the light most favorable to the non-movant and entertains such reasonable inferences from that evidence as the jury would have been free to draw.’ Daniels v. East Alabama Paving, Inc., 740 So.2d 1033, 1037 (Ala.1999). ‘The denial of a defendant’s motion for a JML is proper only when the plaintiff has presented substantial evidence to support each element of the plaintiffs claim.’ Kmart Corp. v. Bassett, 769 So.2d 282, 284 (AIa.2000). ‘ “

2009Discussion The standard of review of a ruling on a JML motion is well settled: "`In reviewing a ruling on a motion for a JML, this Court views the evidence in the light most favorable to the nonmovant and entertains such reasonable inferences from that evidence as the jury would have been free to draw.' Daniels v. East Alabama Paving, Inc., 740 So.2d 1033, 1037 (Ala.1999). `The denial of a defendant's motion for a JML is proper only when the plaintiff has presented substantial evidence to support each element of the plaintiff's claim.' Kmart Corp. v. Bassett, 769 So.2d 282, 284 (Ala.2000). `"S

11
Ex Parte Rileygreen
ala · 1985 · cited in 1 Alabama opinions naming this issue, 2009–2009
1 sentence

2009See Tucker v. Cullman-Jefferson Counties Gas Dist., 864 So.2d 317, 319 (Ala.2003) (“ ‘An appeals court will consider only those issues properly delineated as such, and no matter will be considered on appeal unless presented and argued in brief.’ ” (quoting Braxton v. Stewart, 539 So.2d 284, 286 (Ala.Civ.App.1988), citing in turn Ex parte Riley, 464 So.2d 92 (Ala.1985))).

11
Tucker v. Cullman-Jefferson Counties Gas Dist.green
ala · 2003 · cited in 1 Alabama opinions naming this issue, 2009–2009
1 sentence

2009See Tucker v. Cullman-Jefferson Counties Gas Dist., 864 So.2d 317, 319 (Ala.2003) (“ ‘An appeals court will consider only those issues properly delineated as such, and no matter will be considered on appeal unless presented and argued in brief.’ ” (quoting Braxton v. Stewart, 539 So.2d 284, 286 (Ala.Civ.App.1988), citing in turn Ex parte Riley, 464 So.2d 92 (Ala.1985))).

11
Regions Bank v. Plottgreen
ala · 2004 · cited in 1 Alabama opinions naming this issue, 2006–2006
1 sentence

2006Because neither the verdict returned by the jury nor the judgment entered on that verdict could have been based on Beiersdoerfer's promissory-fraud claim, the HRH plaintiffs' challenge to the denial of a JML with respect to Beiersdoerfer's promissory-fraud claim is moot. 897 So.2d at 247 ("Because the claim [of intrusion on seclusion] was not included in the verdict, or in the judgment entered on that verdict, [the defendant's] challenge to the denial of a JML as to that claim is moot.").

11
Kent Corp. v. Halegreen
ala · 1997 · cited in 1 Alabama opinions naming this issue, 2004–2004
1 sentence

2004See Kent Corp. v. Hale, 699 So.2d 954 (Ala.1997).

11
Fleetwood Enterprises, Inc. v. Hutchesongreen
ala · 2000 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001Winn Dixie of Montgomery, Inc. v. Colburn, 709 So.2d 1222 , 1223 n. 1 (Ala.1998). `The standard of review applicable to a directed verdict or to a denial of a motion for a directed verdict is whether the nonmoving party has presented substantial evidence in support of his position.' K.S. v. Carr, 618 So.2d 707, 713 (Ala.1993). `Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.' West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

11
Lee Browning v. President Riverboat Casino-Missouri, Inc., Lee Browning v. President Riverboat Casino-Missouri, Inc., Cross-Appelleegreen
ca8 · 1998 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001See also Browning v. President Riverboat Casino-Missouri, Inc., 139 F.3d 631, 636 (8th Cir. 1998) (defendant in an action alleging race discrimination preserved for appellate review its objection to the imposition of punitive damages by asserting in its JML motion that the evidence was insufficient for a finding of race discrimination).

11
K.S. v. Carrgreen
ala · 1993 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001Winn Dixie of Montgomery, Inc. v. Colburn, 709 So.2d 1222 , 1223 n. 1 (Ala.1998). `The standard of review applicable to a directed verdict or to a denial of a motion for a directed verdict is whether the nonmoving party has presented substantial evidence in support of his position.' K.S. v. Carr, 618 So.2d 707, 713 (Ala.1993). `Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.' West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Palm Harbor Homes, Inc. v. Crawford green
ala · 1997
2 sentences

2011Palm Harbor Homes, Inc. v. Crawford, 689 So.2d 3 (Ala.1997).

2001Palm Harbor Homes, Inc. v. Crawford , 689 So.2d 3 (Ala. 1997).

22001–2011
Aspinwall v. Gowens green
ala · 1981
1 sentence

2013Because the strict-liability claim against Cody was improperly submitted to the jury, we have in this appeal a good-count/ bad-count situation as to Cody analogous to the situation in Aspinwall v. Gowens, 405 So.2d 134 (Ala.1981).

12013–2013
Alabama Power Co. v. Aldridge green
ala · 2002
1 sentence

2010As noted above, “[a]n employer’s stated basis for a discharge is sufficient as a matter of law when the underlying facts surrounding the stated basis for the discharge are undisputed and there is no substantial evidence indicating (a) that the stated basis has been applied in a discriminatory manner to employees who have filed workers’ compensation claims, (b) that the stated basis conflicts with express company policy on grounds for discharge, or (c) that the employer has disavowed the stated reason or has otherwise acknowledged its pretextual status.” Aldridge, 854 So.2d at 568 .

12010–2010
Sheffield v. Exxon Corp. green
ala · 1982
1 sentence

2007Capital expenses The State claims that Exxon improperly seeks recovery under payout in conflict with paragraph 29(1), which expressly excludes from recovery the "cost of pipelines and treatment facilities." Exxon argues that this Court set out guidelines as to what types of operations constitute "drilling" under Alabama law in Sheffield v. Exxon Corp., 424 So.2d 1297 (Ala.1982).

12007–2007
Winn Dixie of Montgomery, Inc. v. Colburn neutral
ala · 1998
1 sentence

2001Winn Dixie of Montgomery, Inc. v. Colburn, 709 So.2d 1222 , 1223 n. 1 (Ala.1998). `The standard of review applicable to a directed verdict or to a denial of a motion for a directed verdict is whether the nonmoving party has presented substantial evidence in support of his position.' K.S. v. Carr, 618 So.2d 707, 713 (Ala.1993). `Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.' West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

12001–2001
Soap Co. v. Ecolab, Inc. green
ala · 1994
1 sentence

2000Soap Co. v. Ecolab, Inc. , 646 So.2d 1366 , 1370-71 (Ala. 1994).

12000–2000
EMPLOYEES'BENEFIT ASS'N v. Grissett green
ala · 1998
2 sentences

1999As stated in Grissett, supra, in a normal case "the plaintiff's contract claim had to be so strong that the plaintiff would be entitled to a preverdict JML." 732 So.2d at 976 .

1999As stated in Grissett, supra, in a normal case "the plaintiff's contract claim had to be so strong that the plaintiff would be entitled to a preverdict JML." 732 So.2d at 976 .

11999–1999

Statutes the citing opinions construe

AL § Ala. Code § 12-2-7 (4) AL § Ala. Code § 6-11-21 (3) AL § Ala. Code § 6-5-102 (3)

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.

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