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13 Alabama opinions name it 2 courts 1925–2017 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 |
|---|---|---|
BD. OF SCHOOL COM'RS OF MOBILE v. Biggsgreen2 sentences2008Comm'rs of Mobile County v. Biggs, 939 So.2d 942, 946 (Ala. Civ.App.2006) ("We must conclude that under § 36-26-115 the Alabama Legislature intended that the decision of an administrative law judge after a school board denies an employee a hearing is final and that there is no right to appeal that decision."). 2008Comm’rs of Mobile County v. Biggs, 939 So.2d 942, 946 (Ala. Civ.App.2006) (“We must conclude that under § 36-26-115 the Alabama Legislature intended that the decision of an administrative law judge after a school board denies an employee a hearing is final and that there is no right to appeal that decision.”). | 2 | 2 |
Hartman v. City of Providencegreen1 sentence2016In Duffy, one of the cases relied upon by the petitioners to show that there is no clearly established right to notice and a hearing when employment is terminated as a result of an RIF, the United States Court of Appeals for the First Circuit held that “[wjhere a reorganization or other cost-cutting measure results in dismissal of an employee no hearing is due.” 892 F.2d at 147 (citing Hartman v. City of Providence, 636 F.Supp. 1395, 1410 (D.R.I.1986) (“Numerous federal and state courts have recognized that an employee who loses his or her job ... is not entitled to a hearing .., when- the pos | 1 | 1 |
Glen Misek and Richard J. Krakowski v. The City of Chicago, a Municipal Corporation, Harold Washington, Charles A. Pounian and Susan L. Weedgreen1 sentence2016(No. 02-7082, September 17, 2003) (D.C.Cir.2008) (not published in F. Supp.) (“[T]he Due Process Clause does not require individualized pre-termination hearings when discharges are occasioned by genuine redue-tions-in-force ....”); Duffy v. Sarault, 892 F.2d 139, 147 (1st Cir.1989) (“Where a reorganization or other cost-cutting measure results in dismissal of an employee no hearing is due.”); Misek v. City of Chicago, 783 F.2d 98, 101 (7th Cir.1986) (“Of course, if defendants on remand could show that plaintiffs were discharged pursuant to a reorganization in fact, plaintiffs would not be enti | 1 | 1 |
Vincent R. Duffy v. Brian J. Sarault, Etc.green2 sentences2016(No. 02-7082, September 17, 2003) (D.C.Cir.2008) (not published in F. Supp.) (“[T]he Due Process Clause does not require individualized pre-termination hearings when discharges are occasioned by genuine redue-tions-in-force ....”); Duffy v. Sarault, 892 F.2d 139, 147 (1st Cir.1989) (“Where a reorganization or other cost-cutting measure results in dismissal of an employee no hearing is due.”); Misek v. City of Chicago, 783 F.2d 98, 101 (7th Cir.1986) (“Of course, if defendants on remand could show that plaintiffs were discharged pursuant to a reorganization in fact, plaintiffs would not be enti 2016In Duffy, one of the cases relied upon by the petitioners to show that there is no clearly established right to notice and a hearing when employment is terminated as a result of an RIF, the United States Court of Appeals for the First Circuit held that “[wjhere a reorganization or other cost-cutting measure results in dismissal of an employee no hearing is due.” 892 F.2d at 147 (citing Hartman v. City of Providence, 636 F.Supp. 1395, 1410 (D.R.I.1986) (“Numerous federal and state courts have recognized that an employee who loses his or her job ... is not entitled to a hearing .., when- the pos | 1 | 1 |
Franks v. Magnolia Hospitalgreen1 sentence2016(No. 02-7082, September 17, 2003) (D.C.Cir.2008) (not published in F. Supp.) (“[T]he Due Process Clause does not require individualized pre-termination hearings when discharges are occasioned by genuine redue-tions-in-force ....”); Duffy v. Sarault, 892 F.2d 139, 147 (1st Cir.1989) (“Where a reorganization or other cost-cutting measure results in dismissal of an employee no hearing is due.”); Misek v. City of Chicago, 783 F.2d 98, 101 (7th Cir.1986) (“Of course, if defendants on remand could show that plaintiffs were discharged pursuant to a reorganization in fact, plaintiffs would not be enti | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Walker v. Williams & Bouler Construction Company
green
2 sentences2017In Walker v. Williams & Bouler Construction Co. , 46 Ala.App. 337 , 341, 241 So.2d 896 , 900 (Civ. 1970), this court addressed the issue whether, "after having had the benefit of the full thousand dollar exemption from withheld wages, the employee can claim the same over and over again"; this court explained: " 'When the exemption has once been claimed, the property selected by the debtor, and allotted to him, so long as he retains it, and it is undiminished in value, he is without right to a further exemption; otherwise double exemptions could be claimed and the whole of his property exhauste 2017In Walker v. Williams & Bouler Construction Co. , 46 Ala.App. 337 , 341, 241 So.2d 896 , 900 (Civ. 1970), this court addressed the issue whether, "after having had the benefit of the full thousand dollar exemption from withheld wages, the employee can claim the same over and over again"; this court explained: " 'When the exemption has once been claimed, the property selected by the debtor, and allotted to him, so long as he retains it, and it is undiminished in value, he is without right to a further exemption; otherwise double exemptions could be claimed and the whole of his property exhauste | 1 | 2017–2017 |
Wascom v. Jackson
green
1 sentence2016(No. 02-7082, September 17, 2003) (D.C.Cir.2008) (not published in F. Supp.) (“[T]he Due Process Clause does not require individualized pre-termination hearings when discharges are occasioned by genuine redue-tions-in-force ....”); Duffy v. Sarault, 892 F.2d 139, 147 (1st Cir.1989) (“Where a reorganization or other cost-cutting measure results in dismissal of an employee no hearing is due.”); Misek v. City of Chicago, 783 F.2d 98, 101 (7th Cir.1986) (“Of course, if defendants on remand could show that plaintiffs were discharged pursuant to a reorganization in fact, plaintiffs would not be enti | 1 | 2016–2016 |
Pulley v. Norfolk Southern Railway Co.
green
1 sentence2016Viewing the record in the light most favorable to the employee, as we must, see Pulley, supra, we conclude that a jury could determine that the employer’s failure to send the employee to a hearing specialist earlier in his employment with the employer, its failure to -fit the employee with hearing protection and/or to test the effectiveness of the hearing protection it provided to the employee, or its failure to retrain the employee' in the use of the hearing protection it provided amounted to a breach of its duty to provide a safe workplace to the employee. | 1 | 2016–2016 |
Walker v. DCH Regional Medical Center
green
1 sentence2009Walker, 853 So.2d at 228 . | 1 | 2009–2009 |
Wilson v. Vulcan Rivet and Bolt Corp.
green
2 sentences2008Wilson v. Vulcan Rivet & Bolt Corp., 439 So.2d 65 (Ala.1983) (recognizing that promise to forbear from suit against an employer at its request can be substantial consideration supporting a permanent employment contract but holding that the evidence did not indicate that the employee had a claim against the employer' or that the employer had requested that the employee forbear from suit). 2008Wilson v. Vulcan Rivet & Bolt Corp., 439 So.2d 65 (Ala.1983) (recognizing that promise to forbear from suit against an employer at its request can be substantial consideration supporting a permanent employment contract but holding that the evidence did not indicate that the employee had a claim against the employer or that the employer had requested that the employee forbear from suit). | 1 | 2008–2008 |
Bahakel v. City of Birmingham
green
2 sentences1995While this court in Gore did not address circumstances where the employee may not have immunity, the majority in Gore specifically recognized that the holding of Neighbors may have been extended, without this Court's explicitly saying so, to provide municipalities immunity from actions premised on neglect, carelessness, or unskillfulness, by Bahakel v. City of Birmingham, 427 So.2d 143 (Ala.1983). 1995The majority in Gore stated: " Bahakel v. City of Birmingham, 427 So.2d 143 (Ala.1983), involved a very similar action for unlawful arrest against a municipality, a municipal magistrate, and the affiant who procured the plaintiff's arrest warrant (the claim against the affiant was not at issue on the appeal). | 1 | 1995–1995 |
B. F. Goodrich Co. v. Parker
green
2 sentences1980Goodrich Co. v. Parker , 282 Ala. 151 , 209 So.2d 647 (1967). *Page 632 Here, Zeigler paid the employee the standard wage for a job with the same classification as the one he had previously held. 1980Goodrich Co. v. Parker , 282 Ala. 151 , 209 So.2d 647 (1967). *Page 632 Here, Zeigler paid the employee the standard wage for a job with the same classification as the one he had previously held. | 1 | 1980–1980 |
Riddle v. Smith
neutral
2 sentences1979Riddle v. Smith , 252 Ala. 369 , 41 So.2d 288 (1949). 1979Riddle v. Smith , 252 Ala. 369 , 41 So.2d 288 (1949). | 1 | 1979–1979 |
Weis v. Levy
green
1 sentence1970We think the answer to this question is found in Weis v. Levy, 69 Ala. 209 , wherein there was a contest of a claim of exemption filed by the judgment debtor with the sheriff of Monroe County to certain personal property levied on under an attachment issued out of the Circuit Court of Mobile County. | 1 | 1970–1970 |
Davis v. Sorrell
neutral
2 sentences1928Plaintiff’s negligence, contributing with defendant’s negligence, in the production of the injury, does not defeat the cause of action, but only lessens the damages.” Davis v. Sorrell, 213 Ala. 191 , 104 So. 397 . 1928Plaintiff’s negligence, contributing with defendant’s negligence, in the production of the injury, does not defeat the cause of action, but only lessens the damages.” Davis v. Sorrell, 213 Ala. 191 , 104 So. 397 . | 1 | 1928–1928 |
Gray v. Perry Hardware Co.
neutral
1 sentence1925In Gray v. Perry Hardware Co., 111 Ala. 532 , 20 So. 368 , the employee had the privilege of drawing, not exceeding a- month’s salary, in advance. | 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.