individualized claim (Alabama) · Go Syfert
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individualized claim in Alabama

11 Alabama opinions name it 2 courts 2003–2011 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 (6)

CaseFollowedCited
Nelson v. Campbellgreen
scotus · 2004 · cited in 8 Alabama opinions naming this issue, 2003–2008
2 sentences

2008See Nelson v. Campbell, 541 U.S. 637 (2004).

2007See Nelson v. Campbell, 541 U.S. 637 (2004).

88
Sims v. Stategreen
fla · 2000 · cited in 4 Alabama opinions naming this issue, 2007–2008
2 sentences

2008See, e.g., Sims v. State, 754 So.2d 657, 668 (Fla.2000); State v. Carter, 89 Ohio St.3d 593, 608 , 734 N.E.2d 345 (2000); Ritchie v. State, 809 N.E.2d 258, 262 (Ind.2004); Wheeler v. Commonwealth, 121 S.W.3d 173, 186 (Ky.2003).3 Today, we join these jurisdictions in holding that death by lethal injection is not per se cruel and unusual punishment. "`3 Indeed, the only case we know of successfully challenging execution by lethal injection involved an inmate's individualized claim that death by lethal injection would violate the Eighth Amendment's prohibition against cruel and unusual punishment

2007See, e.g., Sims v. State, 754 So.2d 657, 668 (Fla.2000); State v. Carter, 89 Ohio St.3d 593, 608 , 734 N.E.2d 345 (2000); Ritchie v. State, 809 N.E.2d 258, 262 (Ind.2004); Wheeler v. Commonwealth, 121 S.W.3d 173, 186 (Ky.2003).3 Today, we join these jurisdictions in holding that death by lethal injection is not per se cruel and unusual punishment. "____ "3 Indeed, the only case we know of successfully challenging execution by lethal injection involved an inmate's individualized claim that death by lethal in jection would violate the Eighth Amendment's prohibition against cruel and unusual puni

44
Wheeler v. Commonwealthgreen
ky · 2003 · cited in 4 Alabama opinions naming this issue, 2007–2008
2 sentences

2008See, e.g., Sims v. State, 754 So.2d 657, 668 (Fla.2000); State v. Carter, 89 Ohio St.3d 593, 608 , 734 N.E.2d 345 (2000); Ritchie v. State, 809 N.E.2d 258, 262 (Ind.2004); Wheeler v. Commonwealth, 121 S.W.3d 173, 186 (Ky.2003).3 Today, we join these jurisdictions in holding that death by lethal injection is not per se cruel and unusual punishment. "`3 Indeed, the only case we know of successfully challenging execution by lethal injection involved an inmate's individualized claim that death by lethal injection would violate the Eighth Amendment's prohibition against cruel and unusual punishment

2007See, e.g., Sims v. State, 754 So.2d 657, 668 (Fla.2000); State v. Carter, 89 Ohio St.3d 593, 608 , 734 N.E.2d 345 (2000); Ritchie v. State, 809 N.E.2d 258, 262 (Ind.2004); Wheeler v. Commonwealth, 121 S.W.3d 173, 186 (Ky.2003).3 Today, we join these jurisdictions in holding that death by lethal injection is not per se cruel and unusual punishment. "____ "3 Indeed, the only case we know of successfully challenging execution by lethal injection involved an inmate's individualized claim that death by lethal in jection would violate the Eighth Amendment's prohibition against cruel and unusual puni

44
Ritchie v. Stategreen
ind · 2004 · cited in 4 Alabama opinions naming this issue, 2007–2008
2 sentences

2008See, e.g., Sims v. State, 754 So.2d 657, 668 (Fla.2000); State v. Carter, 89 Ohio St.3d 593, 608 , 734 N.E.2d 345 (2000); Ritchie v. State, 809 N.E.2d 258, 262 (Ind.2004); Wheeler v. Commonwealth, 121 S.W.3d 173, 186 (Ky.2003).3 Today, we join these jurisdictions in holding that death by lethal injection is not per se cruel and unusual punishment. "`3 Indeed, the only case we know of successfully challenging execution by lethal injection involved an inmate's individualized claim that death by lethal injection would violate the Eighth Amendment's prohibition against cruel and unusual punishment

2007See, e.g., Sims v. State, 754 So.2d 657, 668 (Fla.2000); State v. Carter, 89 Ohio St.3d 593, 608 , 734 N.E.2d 345 (2000); Ritchie v. State, 809 N.E.2d 258, 262 (Ind.2004); Wheeler v. Commonwealth, 121 S.W.3d 173, 186 (Ky.2003).3 Today, we join these jurisdictions in holding that death by lethal injection is not per se cruel and unusual punishment. "____ "3 Indeed, the only case we know of successfully challenging execution by lethal injection involved an inmate's individualized claim that death by lethal in jection would violate the Eighth Amendment's prohibition against cruel and unusual puni

44
Mills v. Foremost Insurancegreen
ca11 · 2008 · cited in 1 Alabama opinions naming this issue, 2011–2011
1 sentence

2011Such an individualized inquiry would necessarily prevent this type of claim from being certified as a class.’); see also Mills, 511 F.3d at 1306 (finding that plaintiffs ‘would not be entitled to receive payment for any type of cost charged by a general contractor without showing that they would be reasonably likely to need a general contractor for the repairs in issue.’); Mee[ v. Safeco Ins.

11
Jerry Devane Bryant v. State of Alabama.green
alacrimapp · 2005 · cited in 1 Alabama opinions naming this issue, 2007–2007
1 sentence

2007See Nelson v. Campbell , 541 U.S. 637 , 124 S.Ct. 2117 , 158 L.Ed.2d 924 (2004)." Bryant , 951 So.2d at 748 n. 3.

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 (5)

CaseCitedYears
State v. Carter green
ohio · 2000
2 sentences

2008See, e.g., Sims v. State, 754 So.2d 657, 668 (Fla.2000); State v. Carter, 89 Ohio St.3d 593, 608 , 734 N.E.2d 345 (2000); Ritchie v. State, 809 N.E.2d 258, 262 (Ind.2004); Wheeler v. Commonwealth, 121 S.W.3d 173, 186 (Ky.2003).3 Today, we join these jurisdictions in holding that death by lethal injection is not per se cruel and unusual punishment. "`3 Indeed, the only case we know of successfully challenging execution by lethal injection involved an inmate's individualized claim that death by lethal injection would violate the Eighth Amendment's prohibition against cruel and unusual punishment

2008See, e.g., Sims v. State, 754 So.2d 657, 668 (Fla.2000); State v. Carter, 89 Ohio St.3d 593, 608 , 734 N.E.2d 345 (2000); Ritchie v. State, 809 N.E.2d 258, 262 (Ind.2004); Wheeler v. Commonwealth, 121 S.W.3d 173, 186 (Ky.2003).3 Today, we join these jurisdictions in holding that death by lethal injection is not per se cruel and unusual punishment. "`3 Indeed, the only case we know of successfully challenging execution by lethal injection involved an inmate's individualized claim that death by lethal injection would violate the Eighth Amendment's prohibition against cruel and unusual punishment

42007–2008
Alfa Life Ins. Corp. v. Hughes green
ala · 2003
2 sentences

2011The individualized inquiry necessary to determine the subjective facts in each transaction pretermits the superiority of any class-wide resolution of disputes.” 861 So.2d at 1103-04 .

2005PARKER, J., concurs in the result. 1 For a detailed description of the policy and payment-plan options and the circumstances surrounding each policyholder's purchase of the policy and maintenance of the policy, see Alfa Life Insurance Corp. v. Hughes , 861 So.2d 1088 , 1090-94 (Ala. 2003). 2 We noted in Hughes that the evidence indicated that different representations were made to each policyholder, that different documentation was provided to each policyholder, that each policyholder was told different information regarding the payment of premiums, and that to determine whether reliance on th

22005–2011
Foremost Ins. Co. v. Parham green
ala · 1997
1 sentence

2005Co. v. Parham , 693 So.2d 409 , 421 (Ala. 1997)). 3 We stated in Hughes : "Moreover, each of the four named plaintiff policyholders requested the minimum-deposit payment plan at different times.

12005–2005
Reynolds Metals Company v. Hill green
ala · 2002
1 sentence

2005PARKER, J., concurs in the result. 1 For a detailed description of the policy and payment-plan options and the circumstances surrounding each policyholder's purchase of the policy and maintenance of the policy, see Alfa Life Insurance Corp. v. Hughes , 861 So.2d 1088 , 1090-94 (Ala. 2003). 2 We noted in Hughes that the evidence indicated that different representations were made to each policyholder, that different documentation was provided to each policyholder, that each policyholder was told different information regarding the payment of premiums, and that to determine whether reliance on th

12005–2005
Funliner of Alabama, LLC v. Pickard green
ala · 2003
1 sentence

2003Pickard, 873 So.2d at 211 .

12003–2003

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (6) AL § Ala. Code § 13A-5-49 (6) AL § Ala. Code § 13A-5-53 (6) AL § Ala. Code § 13A-5-45 (5) AL § Ala. Code § 13A-5-51 (5) AL § Ala. Code § 13A-5-52 (5) AL § Ala. Code § 13A-5-47 (4) AL § Ala. Code § 13A-5-46 (3) AL § Ala. Code § 13A-5-50 (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.

Where else courts name it

WA 255 (1984–2026) CA 59 (2003–2026) IA 45 (1995–2025) MA 27 (1993–2025) IL 25 (1988–2025) FL 20 (1993–2026) TX 19 (2004–2025) OH 19 (1999–2022) SC 18 (2014–2026) SD 11 (2003–2026) OR 11 (2013–2024) CT 11 (1999–2025) AL 11 (2003–2011) AZ 10 (1985–2026) NM 9 (1997–2022) CO 8 (1987–2020) PA 8 (1989–2023) NY 8 (1976–2026) MO 6 (1997–2020) DC 6 (2001–2016) KY 6 (2018–2025) NC 5 (1988–2018) MS 5 (2001–2017) IN 4 (2010–2013) MD 4 (2005–2021) AK 4 (1996–2023) AR 4 (2009–2019) GA 4 (2014–2018) OK 4 (2003–2023) UT 4 (2002–2024) MI 4 (2007–2020) LA 3 (1997–2007) WI 3 (2015–2020) NJ 2 (1996–2020) WV 2 (2002–2023) NE 2 (2003–2016) WY 2 (1986–2014) HI 2 (2002–2004) DE 2 (2015–2019)

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.

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