party claiming privilege (Alabama) · Go Syfert
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party claiming privilege in Alabama

10 Alabama opinions name it 3 courts 1970–2023 1 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 (5)

CaseFollowedCited
United States v. Shortgreen
ca4 · 2010 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023See United States v. Rosario, 237 F. Supp. 2d 242, 245 (E.D.N.Y. 2002) (noting that the party claiming immunity by estoppel has the burden of proving that there was "a 'clear and unambiguous' promise" of immunity (quoting Readco, Inc. v. Marine Midland Bank, 81 F.3d 295, 301 (2d Cir. 1996))); and United States v. Short, 387 F. App'x 308, 313 (4th Cir. 2010) (not selected for publication in the Federal Reporter) (noting that, for the doctrine of " 'equitable immunity' " to apply, "the defendant bears the burden of proving the existence of an equitable immunity agreement").

11
Readco, Inc., R.D.P. Associates, Lan Associates Xii and Antonio Reale v. Marine Midland Bank Eagle Rock Holding, Inc., a New York Corp.green
ca2 · 1996 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023See United States v. Rosario, 237 F. Supp. 2d 242, 245 (E.D.N.Y. 2002) (noting that the party claiming immunity by estoppel has the burden of proving that there was "a 'clear and unambiguous' promise" of immunity (quoting Readco, Inc. v. Marine Midland Bank, 81 F.3d 295, 301 (2d Cir. 1996))); and United States v. Short, 387 F. App'x 308, 313 (4th Cir. 2010) (not selected for publication in the Federal Reporter) (noting that, for the doctrine of " 'equitable immunity' " to apply, "the defendant bears the burden of proving the existence of an equitable immunity agreement").

11
United States v. Rosariogreen
nyed · 2002 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023See United States v. Rosario, 237 F. Supp. 2d 242, 245 (E.D.N.Y. 2002) (noting that the party claiming immunity by estoppel has the burden of proving that there was "a 'clear and unambiguous' promise" of immunity (quoting Readco, Inc. v. Marine Midland Bank, 81 F.3d 295, 301 (2d Cir. 1996))); and United States v. Short, 387 F. App'x 308, 313 (4th Cir. 2010) (not selected for publication in the Federal Reporter) (noting that, for the doctrine of " 'equitable immunity' " to apply, "the defendant bears the burden of proving the existence of an equitable immunity agreement").

11
Mosley v. Mosleygreen
alacivapp · 1999 · cited in 1 Alabama opinions naming this issue, 2006–2006
2 sentences

2006In other words, a presumption against a party is not sufficient competent and legal evidence that the party has committed adultery." Langley, 617 So.2d at 680 ; see also Mosley v. Mosley, 747 So.2d 894, 899 (Ala.Civ.App. 1999).

2006In other words, a presumption against a party is not sufficient competent and legal evidence that the party has committed adultery." Langley , 617 So.2d at 680 ; see also Mosley v. Mosley , 747 So.2d 894 , 899 (Ala.Civ.App. 1999).

11
K.N. Bhatia, M.D. v. S. Erik Johnstongreen
ca5 · 1987 · cited in 1 Alabama opinions naming this issue, 1996–1996
1 sentence

1996See also Bhatia v. Johnston, 818 F.2d 418 (5th Cir. 1987) (under the FAA, the party resisting arbitration has a heavy burden of showing that he is entitled to a jury trial); and see Tenneco Resins, Inc. v. Davy Int'l, AG, 770 F.2d 416 (5th Cir.1985) (the burden on a party seeking to prove a waiver of arbitration is a heavy one).

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 (11)

CaseCitedYears
Langley v. Langley green
alacivapp · 1992
2 sentences

2006Although a party's invoking the privilege against self-incrimination in response to questions regarding adultery raises a presumption against that party, Langley, 617 So.2d at 680 , this court has also stated: *326 "[T]he `presumption that operates against a party claiming the privilege' is not `sufficient proof' to lead the guarded discretion of a reasonable and just mind to the conclusion that the act of adultery was committed as a necessary inference.

2006Although a party's invoking the privilege against self-incrimination in response to questions regarding adultery raises a presumption against that party, Langley , 617 So.2d at 680 , this court has also stated: *Page 326 "[T]he `presumption that operates against a party claiming the privilege' is not `sufficient proof to lead the guarded discretion of a reasonable and just mind to the conclusion that the act of adultery was committed as a necessary inference.

21999–2006
Perkins v. Perkins green
alacivapp · 1984
1 sentence

2018Perkins v. Perkins , 465 So.2d 414 (Ala. Civ.

12018–2018
DALE CTY. DEPT. OF PENSIONS AND SEC. v. Robles green
alacivapp · 1979
1 sentence

2017Dep't of Pensions & Sec. v. Robles , 368 So.2d 39 , 43 (Ala. Civ.

12017–2017
Storey v. Shearson-American Express green
ca5 · 1991
1 sentence

1996The Fifth Circuit also said that that court's "precedent places a `heavy burden' on a party claiming waiver of arbitration rights." Storey v. Shearson-American Express Inc., 928 F.2d 159 , 163 (5th Cir.1991).

11996–1996
Tenneco Resins, Inc., and Tenn-Uss Chemicals Co. v. Davy International, Ag And/or Davy McKee International, Ag green
ca5 · 1985
1 sentence

1996See also Bhatia v. Johnston, 818 F.2d 418 (5th Cir. 1987) (under the FAA, the party resisting arbitration has a heavy burden of showing that he is entitled to a jury trial); and see Tenneco Resins, Inc. v. Davy Int'l, AG, 770 F.2d 416 (5th Cir.1985) (the burden on a party seeking to prove a waiver of arbitration is a heavy one).

11996–1996
Anonymous v. Anonymous green
alacivapp · 1977
2 sentences

1992In Anonymous v. Anonymous , 353 So.2d 510 (Ala.Civ.App. 1977); and in Cokely v. Cokely , 469 So.2d 635 (Ala.Civ.App. 1985), this court found that claiming the privilege against self-incrimination may be brought to the attention of the trier of the facts, and that it raises a presumption that operates against the party claiming the privilege.

1992In Anonymous v. Anonymous, 353 So.2d 510 (Ala.Civ.App.1977); and in Cokely v. Cokely, 469 So.2d 635 (Ala.Civ.App.1985), this court found that claiming the privilege against self-incrimination may be brought to the attention of the trier of the facts, and that it raises a presumption that operates against the party claiming the privilege.

11992–1992
Kirkland v. Kirkland green
ala · 1938
2 sentences

1992Cokely v. Cokely , 469 So.2d 635 (Ala.Civ.App. 1985), and Anonymous, supra. See also Kirkland v. Kirkland , 236 Ala. 120 , 181 So. 96 (1938).

1992Cokely v. Cokely , 469 So.2d 635 (Ala.Civ.App. 1985), and Anonymous, supra. See also Kirkland v. Kirkland , 236 Ala. 120 , 181 So. 96 (1938).

11992–1992
Cokely v. Cokely green
alacivapp · 1985
2 sentences

1992In Anonymous v. Anonymous , 353 So.2d 510 (Ala.Civ.App. 1977); and in Cokely v. Cokely , 469 So.2d 635 (Ala.Civ.App. 1985), this court found that claiming the privilege against self-incrimination may be brought to the attention of the trier of the facts, and that it raises a presumption that operates against the party claiming the privilege.

1992In Anonymous v. Anonymous, 353 So.2d 510 (Ala.Civ.App.1977); and in Cokely v. Cokely, 469 So.2d 635 (Ala.Civ.App.1985), this court found that claiming the privilege against self-incrimination may be brought to the attention of the trier of the facts, and that it raises a presumption that operates against the party claiming the privilege.

11992–1992
Louisville & NR Co. v. Garrett green
ala · 1979
1 sentence

1981In Louisville and Nashville Railroad Co. v. Garrett, 378 So.2d 668 (Ala.1979), we held that to preserve an error for review as to a charge to the jury, Rule 51, ARCP, requires that the party claiming error must not only enter an objection, but also state the grounds therefor.

11981–1981
Kroger Company v. Puckett green
alacivapp · 1977
1 sentence

1979Kroger Co. v. Puckett , Ala.Civ.App., 351 So.2d 582 (1977).

11979–1979
Duncan v. State green
ala · 1965
2 sentences

1970In Duncan v. State, 278 Ala. 145 , 176 So.2d 840 , the court reviewed many cases holding that a person can consent to search without a warrant and thereby waive the protection of the Fourth Amendment against invasion of the right of privacy, but declared that every reasonable presumption must be indulged against waiver of fundamental constitutional rights; that clear and convincing evidence of waiver is necessary and the burden is on the party claiming waiver to prove it.

1970In Duncan v. State, 278 Ala. 145 , 176 So.2d 840 , the court reviewed many cases holding that a person can consent to search without a warrant and thereby waive the protection of the Fourth Amendment against invasion of the right of privacy, but declared that every reasonable presumption must be indulged against waiver of fundamental constitutional rights; that clear and convincing evidence of waiver is necessary and the burden is on the party claiming waiver to prove it.

11970–1970

Where else courts name it

CA 249 (1950–2026) NM 179 (1965–2026) WY 128 (1982–2026) TX 114 (1929–2026) WA 112 (1983–2026) OH 97 (1974–2026) IL 81 (1934–2026) KS 77 (1987–2026) CT 61 (1979–2026) NY 47 (1872–2025) PA 44 (1946–2026) LA 39 (1990–2026) FL 32 (1930–2026) GA 30 (1978–2024) KY 29 (2004–2026) IN 29 (1889–2025) MO 27 (1889–2025) VT 26 (1891–2026) CO 24 (1921–2025) IA 23 (1864–2026) SD 23 (1987–2018) MI 20 (1973–2026) SC 19 (1992–2019) TN 19 (1990–2026) MA 16 (1903–2023) MN 15 (1985–2017) AZ 15 (1985–2025) OR 14 (1982–2023) ID 14 (1967–2026) MS 13 (2000–2022) NJ 12 (1989–2024) DE 12 (1992–2025) MD 11 (1964–2026) UT 10 (1987–2024) AL 10 (1970–2023) WI 10 (1957–2025) NC 7 (1907–2016) MT 7 (1919–2000) RI 6 (2004–2010) ND 5 (1974–2022) DC 4 (1986–2009) NV 4 (2010–2021) AK 4 (1973–2025) WV 4 (1992–2024) ME 4 (1978–2023) HI 3 (2014–2023) NH 3 (1998–2014) VA 3 (1996–2025) AR 2 (1983–2007)

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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