second part test (Alabama) · Go Syfert
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second part test in Alabama

9 Alabama opinions name it 2 courts 1976–2016 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 (5)

CaseFollowedCited
Ex Parte JEgreen
ala · 2008 · cited in 3 Alabama opinions naming this issue, 2011–2016
2 sentences

2016“If the trial court determines, based on all relevant factors, that grounds exist for terminating parental rights, then the court must proceed to the second part of its analysis, which is to consider whether all viable alternatives to terminating parental rights have been exhausted.” Ex parte J.E., 1 So.3d 1002, 1008 (Ala.2008)(citing Ex parte Beasley, 564 So.2d at 954 ).

2014“If the trial court determines, based on all relevant factors, that grounds exist for terminating parental rights, then the court must proceed to the second part of its analysis, which is to consider whether all viable alternatives to terminating parental rights have been exhausted.” Ex parte J.E., 1 So.3d at 1008 (citing Ex parte Beasley, 564 So.2d at 954 ).

13
Ex Parte McLeodgreen
ala · 1997 · cited in 1 Alabama opinions naming this issue, 2012–2012
1 sentence

2012Ex parte McLeod, 718 So.2d 682, 690 (Ala.1997) ("An administrative agency's interpretation of a statute will not be given deference if it is contrary to the legislative intent.”).

11
Morris Concrete, Inc. v. Warrickgreen
alacivapp · 2003 · cited in 1 Alabama opinions naming this issue, 2011–2011
1 sentence

2011See Morris Concrete, Inc. v. Warrick, 868 So.2d 429, 438-40 (Ala.Civ.App.2003) (stating that emotional-distress damages are generally not recoverable on a breach-of-contract claim and listing specific exceptions to that general rule); and Bowers v. Wal-Mart Stores, Inc., 827 So.2d 63, 69, 70 (Ala.2001) (stating that “it would violate the purpose for which the zone-of-danger rule [there specifically referring to the second part of the test articulated in AALAR ] was created to apply that rule in a breach-of-contract case” and also stating that the rule does not apply to breach-of-warranty cases

11
Bowers v. Wal-Mart Stores, Inc.green
ala · 2001 · cited in 1 Alabama opinions naming this issue, 2011–2011
1 sentence

2011See Morris Concrete, Inc. v. Warrick, 868 So.2d 429, 438-40 (Ala.Civ.App.2003) (stating that emotional-distress damages are generally not recoverable on a breach-of-contract claim and listing specific exceptions to that general rule); and Bowers v. Wal-Mart Stores, Inc., 827 So.2d 63, 69, 70 (Ala.2001) (stating that “it would violate the purpose for which the zone-of-danger rule [there specifically referring to the second part of the test articulated in AALAR ] was created to apply that rule in a breach-of-contract case” and also stating that the rule does not apply to breach-of-warranty cases

11
Wages v. Stategreen
ala · 1932 · cited in 1 Alabama opinions naming this issue, 1976–1976
2 sentences

1976In applying the second part of the test, we must "... accord to the lawmaking body of the state government sincerity of purpose and fairness in dealing with the people of the state." Wages v. State, 225 Ala. 2, 4 , 141 So. 707, 708 (1932).

1976In applying the second part of the test, we must "... accord to the lawmaking body of the state government sincerity of purpose and fairness in dealing with the people of the state." Wages v. State, 225 Ala. 2, 4 , 141 So. 707, 708 (1932).

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 (2)

CaseCitedYears
Ex Parte Beasley green
ala · 1990
2 sentences

2016“If the trial court determines, based on all relevant factors, that grounds exist for terminating parental rights, then the court must proceed to the second part of its analysis, which is to consider whether all viable alternatives to terminating parental rights have been exhausted.” Ex parte J.E., 1 So.3d 1002, 1008 (Ala.2008)(citing Ex parte Beasley, 564 So.2d at 954 ).

2014“If the trial court determines, based on all relevant factors, that grounds exist for terminating parental rights, then the court must proceed to the second part of its analysis, which is to consider whether all viable alternatives to terminating parental rights have been exhausted.” Ex parte J.E., 1 So.3d at 1008 (citing Ex parte Beasley, 564 So.2d at 954 ).

42008–2016
Hopper v. Evans green
scotus · 1982
2 sentences

1986We do not believe the United States Supreme Court meant for such a restrictive interpretation to be applied to the preclusion-clause-effect test when it posed the second part of the test in Hopper v. Evans , 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982).

1986We do not believe the United States Supreme Court meant for such a restrictive interpretation to be applied to the preclusion-clause-effect test when it posed the second part of the test in Hopper v. Evans , 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982).

11986–1986

Statutes the citing opinions construe

AL § Ala. Code § 26-18-7 (4) AL § Ala. Code § 12-15-319 (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

PA 597 (1944–2026) TX 178 (1954–2026) IL 85 (1937–2026) CA 81 (1947–2026) OH 76 (1983–2026) WA 59 (1929–2026) NM 50 (1977–2025) GA 48 (1981–2026) FL 39 (1969–2024) WI 39 (1984–2026) IN 38 (1985–2025) UT 38 (1989–2026) NJ 35 (1988–2025) CT 32 (1965–2024) MA 30 (1975–2024) OR 29 (1978–2022) KS 28 (1997–2025) NY 28 (1985–2023) MI 28 (1968–2022) MS 24 (1969–2023) MN 21 (1986–2024) IA 21 (1984–2025) TN 20 (1914–2026) NC 20 (1988–2020) MT 20 (1960–2016) NH 19 (1973–2024) RI 18 (1984–2014) MD 17 (1988–2025) MO 17 (1934–2023) ID 15 (1975–2025) SD 14 (1975–2015) LA 14 (1941–2023) VA 13 (1972–2025) ME 13 (1987–2021) CO 13 (1973–2026) DC 11 (1982–2024) WY 10 (1988–2018) AL 9 (1976–2016) AZ 9 (1985–2004) WV 8 (1929–2024) HI 8 (1998–2020) AR 8 (1991–2015) KY 6 (1999–2025) ND 6 (1999–2015) VT 6 (1987–2026) NE 6 (1996–2019) DE 6 (1997–2026) OK 5 (1992–2025) AK 5 (1994–2020) NV 5 (1994–2025) SC 4 (2006–2022)

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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