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8 Alabama opinions name it 2 courts 1981–2009 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 |
|---|---|---|
Mascarenas v. Jaramillogreen2 sentences2008The public policy behind the licensing requirement of the Act is so strong that the element of consumer knowledge is of no consequence in our decision.'" 766 So.2d at 174 (quoting Mascarenas v. Jaramillo , 111 N.M. 410 , 414 , 806 P.2d 59 , 63 (1991)) (emphasis added in McGuirk ). 2008The public policy behind the licensing requirement of the Act is so strong that the element of consumer knowledge is of no consequence in our decision.'" 766 So.2d at 174 (quoting Mascarenas v. Jaramillo , 111 N.M. 410 , 414 , 806 P.2d 59 , 63 (1991)) (emphasis added in McGuirk ). | 2 | 2 |
Hooks v. Pickensgreen1 sentence2009Therefore, Woods was statutorily barred from maintaining a breach-of-contract action against Milloy. § 34-14A-14; Hollinger v. Wells, 3 So.3d 216 (Ala.Civ.App.2008) (concluding that an unlicensed home builder who had contracted to repair a house was statutorily barred from maintaining a *52 breach-of-contract claim on that contract); Hooks v. Pickens, 940 So.2d 1029, 1033 (Ala.Civ.App.2006) (stating that “[bjecause Pickens was not licensed and was not exempt from the licensing requirement of the home builders licensure statute, Pickens was not entitled to maintain a breach-of-contract action a | 1 | 1 |
State v. Property at 2018 Rainbow Drivegreen1 sentence2009“When a party without standing purports to commence an action, the trial court acquires no subject-matter jurisdiction.” State v. Property at 2018 Rainbow Drive, 740 So.2d 1025, 1028 (Ala.1999). | 1 | 1 |
Fausnight v. Perkinsgreen1 sentence2009Therefore, Woods was statutorily barred from maintaining a breach-of-contract action against Milloy. § 34-14A-14; Hollinger v. Wells, 3 So.3d 216 (Ala.Civ.App.2008) (concluding that an unlicensed home builder who had contracted to repair a house was statutorily barred from maintaining a *52 breach-of-contract claim on that contract); Hooks v. Pickens, 940 So.2d 1029, 1033 (Ala.Civ.App.2006) (stating that “[bjecause Pickens was not licensed and was not exempt from the licensing requirement of the home builders licensure statute, Pickens was not entitled to maintain a breach-of-contract action a | 1 | 1 |
Electrovoice International, Inc. v. Sarasohn Adjusting Co.green2 sentences2008This seems a case for the application of the rule expressio unius est exclusio alterius."); CitaraManis v. Hallowell , 328 Md. 142 , 159 , 613 A.2d 964 , 972 (1992) ("[E]ven if the lease were unenforceable by the landlords, the tenants have received everything that they bargained for, and a necessary element justifying the remedy of restitution, i.e. , unjust enrichment, is lacking."); Electrovoice Int'l, Inc. v. Sarasohn Adjusting Co. , 567 N.Y.S.2d 568 , 570 , 149 Misc.2d 924, 927 (1990) ("[A] defendant who has violated a licensing statute will not be required to return compensation paid aft 2008This seems a case for the application of the rule expressio unius est exclusio alterius."); CitaraManis v. Hallowell , 328 Md. 142 , 159 , 613 A.2d 964 , 972 (1992) ("[E]ven if the lease were unenforceable by the landlords, the tenants have received everything that they bargained for, and a necessary element justifying the remedy of restitution, i.e. , unjust enrichment, is lacking."); Electrovoice Int'l, Inc. v. Sarasohn Adjusting Co. , 567 N.Y.S.2d 568 , 570 , 149 Misc.2d 924, 927 (1990) ("[A] defendant who has violated a licensing statute will not be required to return compensation paid aft | 1 | 1 |
Citaramanis v. Hallowellgreen2 sentences2008This seems a case for the application of the rule expressio unius est exclusio alterius."); CitaraManis v. Hallowell , 328 Md. 142 , 159 , 613 A.2d 964 , 972 (1992) ("[E]ven if the lease were unenforceable by the landlords, the tenants have received everything that they bargained for, and a necessary element justifying the remedy of restitution, i.e. , unjust enrichment, is lacking."); Electrovoice Int'l, Inc. v. Sarasohn Adjusting Co. , 567 N.Y.S.2d 568 , 570 , 149 Misc.2d 924, 927 (1990) ("[A] defendant who has violated a licensing statute will not be required to return compensation paid aft 2008This seems a case for the application of the rule expressio unius est exclusio alterius."); CitaraManis v. Hallowell , 328 Md. 142 , 159 , 613 A.2d 964 , 972 (1992) ("[E]ven if the lease were unenforceable by the landlords, the tenants have received everything that they bargained for, and a necessary element justifying the remedy of restitution, i.e. , unjust enrichment, is lacking."); Electrovoice Int'l, Inc. v. Sarasohn Adjusting Co. , 567 N.Y.S.2d 568 , 570 , 149 Misc.2d 924, 927 (1990) ("[A] defendant who has violated a licensing statute will not be required to return compensation paid aft | 1 | 1 |
Hydrotech Systems, Ltd. v. Oasis Waterparkgreen2 sentences2000See also Hydrotech Systems, Ltd. v. Oasis Waterpark, 52 Cal.3d 988 , 997 , 277 Cal.Rptr. 517 , 523 , 803 P.2d 370 , 376 (1991) (an unlicensed contractor cannot recover on the contract even when the person for whom the work was performed knew the contractor was unlicensed); Jackson v. Holder, 495 A.2d 746 , 748 n. 3 (D.C.Ct.App. 1985) ("the party contracting to provide services without the necessary license will not be allowed to recover, even though a member of the class for whom the licensing law was designed to offer protection enters the contract knowing that services are to be rendered in 2000See also Hydrotech Systems, Ltd. v. Oasis Waterpark, 52 Cal.3d 988 , 997 , 277 Cal.Rptr. 517 , 523 , 803 P.2d 370 , 376 (1991) (an unlicensed contractor cannot recover on the contract even when the person for whom the work was performed knew the contractor was unlicensed); Jackson v. Holder, 495 A.2d 746 , 748 n. 3 (D.C.Ct.App. 1985) ("the party contracting to provide services without the necessary license will not be allowed to recover, even though a member of the class for whom the licensing law was designed to offer protection enters the contract knowing that services are to be rendered in | 1 | 1 |
Johnson v. Alabama Power Co.green1 sentence1997Thus, the trial court’s order requiring a refund of the interest paid by the plaintiffs to Alabama Power Company, but otherwise leaving intact the plaintiffs’ contractual obligations to pay for the merchandise purchased, was proper.” 664 So.2d at 878 (emphasis added). | 1 | 1 |
Cochran v. Ozark Country Club, Inc.green2 sentences1981See Cochran v. Ozark Country Club, Inc. , 339 So.2d 1023 (Ala. 1976); Cooper v. Johnston , 283 Ala. 565 , 219 So.2d 392 (1969). 1981See Cochran v. Ozark Country Club, Inc., 339 So.2d 1023 (Ala.1976); Cooper v. Johnston, 283 Ala. 565 , 219 So.2d 392 (1969). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hollinger v. Wells
green
1 sentence2009Therefore, Woods was statutorily barred from maintaining a breach-of-contract action against Milloy. § 34-14A-14; Hollinger v. Wells, 3 So.3d 216 (Ala.Civ.App.2008) (concluding that an unlicensed home builder who had contracted to repair a house was statutorily barred from maintaining a *52 breach-of-contract claim on that contract); Hooks v. Pickens, 940 So.2d 1029, 1033 (Ala.Civ.App.2006) (stating that “[bjecause Pickens was not licensed and was not exempt from the licensing requirement of the home builders licensure statute, Pickens was not entitled to maintain a breach-of-contract action a | 1 | 2009–2009 |
Thomas Learning Center, Inc. v. McGuirk
green
2 sentences2008The public policy behind the licensing requirement of the Act is so strong that the element of consumer knowledge is of no consequence in our decision.'" 766 So.2d at 174 (quoting Mascarenas v. Jaramillo, 111 N.M. 410, 414 , 806 P.2d 59, 63 (1991)) (emphasis added in McGuirk ). 2008The public policy behind the licensing requirement of the Act is so strong that the element of consumer knowledge is of no consequence in our decision.'" 766 So.2d at 174 (quoting Mascarenas v. Jaramillo , 111 N.M. 410 , 414 , 806 P.2d 59 , 63 (1991)) (emphasis added in McGuirk ). | 1 | 2008–2008 |
Ex Parte Alfa Financial Corporation
green
1 sentence2001In Ex parte Alfa Financial Corp., 762 So.2d 850 (Ala.1999), this Court held that under Ala.Code 1975, § 5-19-11(b), a consumer could have recovered as damages the difference between the amount of interest actually paid to an unlicensed creditor and some lower amount of interest that the consumer could have paid to a licensed creditor. | 1 | 2001–2001 |
Butler v. Obayashi
green
2 sentences2000See also Hydrotech Systems, Ltd. v. Oasis Waterpark, 52 Cal.3d 988 , 997 , 277 Cal.Rptr. 517 , 523 , 803 P.2d 370 , 376 (1991) (an unlicensed contractor cannot recover on the contract even when the person for whom the work was performed knew the contractor was unlicensed); Jackson v. Holder, 495 A.2d 746 , 748 n. 3 (D.C.Ct.App. 1985) ("the party contracting to provide services without the necessary license will not be allowed to recover, even though a member of the class for whom the licensing law was designed to offer protection enters the contract knowing that services are to be rendered in 2000See also Hydrotech Systems, Ltd. v. Oasis Waterpark, 52 Cal.3d 988 , 997 , 277 Cal.Rptr. 517 , 523 , 803 P.2d 370 , 376 (1991) (an unlicensed contractor cannot recover on the contract even when the person for whom the work was performed knew the contractor was unlicensed); Jackson v. Holder, 495 A.2d 746 , 748 n. 3 (D.C.Ct.App. 1985) ("the party contracting to provide services without the necessary license will not be allowed to recover, even though a member of the class for whom the licensing law was designed to offer protection enters the contract knowing that services are to be rendered in | 1 | 2000–2000 |
Jackson v. Holder
green
1 sentence2000See also Hydrotech Systems, Ltd. v. Oasis Waterpark, 52 Cal.3d 988 , 997 , 277 Cal.Rptr. 517 , 523 , 803 P.2d 370 , 376 (1991) (an unlicensed contractor cannot recover on the contract even when the person for whom the work was performed knew the contractor was unlicensed); Jackson v. Holder, 495 A.2d 746 , 748 n. 3 (D.C.Ct.App. 1985) ("the party contracting to provide services without the necessary license will not be allowed to recover, even though a member of the class for whom the licensing law was designed to offer protection enters the contract knowing that services are to be rendered in | 1 | 2000–2000 |
Farmer v. Hypo Holdings, Inc.
green
1 sentence1996Id. | 1 | 1996–1996 |
City of Anniston v. State
green
2 sentences1987Relying on a number of cases, including City of Anniston v. State, supra , Mulga also argues that it is not subject to the licensing requirement because the ordinance does not clearly indicate that it was intended to apply to municipalities. 1 In City of Anniston , the Court stated the general rule that "when a tax levy is made in general terms with nothing to indicate that it was intended to apply to a city or a county it will be held not to so apply." The Court went on to say, "This so-called rule of exemption is court-made, based upon the theory that the city or county must levy a tax to pa 1987Relying on a number of cases, including City of Anniston v. State, supra , Mulga also argues that it is not subject to the licensing requirement because the ordinance does not clearly indicate that it was intended to apply to municipalities. 1 In City of Anniston , the Court stated the general rule that "when a tax levy is made in general terms with nothing to indicate that it was intended to apply to a city or a county it will be held not to so apply." The Court went on to say, "This so-called rule of exemption is court-made, based upon the theory that the city or county must levy a tax to pa | 1 | 1987–1987 |
Van Brocklin v. Tennessee
green
2 sentences1987In Long v. Roberts Son , 234 Ala. 570 , 176 So. 213 (1937), the Court, quoting Van Brocklin v. Anderson , 117 U.S. 151 , 6 S.Ct. 670 , 29 L.Ed. 845 (1886), expressed the rule thusly; " 'General tax acts of a state are never, without the clearest words, held to include its own property, or that of its municipal corporations, although not in terms exempted from taxation. * * * "The immunity of the property of the state, and of its political subdivisions, from taxation, does not result from a want of power in the legislature to subject such property to taxation. 1987In Long v. Roberts Son , 234 Ala. 570 , 176 So. 213 (1937), the Court, quoting Van Brocklin v. Anderson , 117 U.S. 151 , 6 S.Ct. 670 , 29 L.Ed. 845 (1886), expressed the rule thusly; " 'General tax acts of a state are never, without the clearest words, held to include its own property, or that of its municipal corporations, although not in terms exempted from taxation. * * * "The immunity of the property of the state, and of its political subdivisions, from taxation, does not result from a want of power in the legislature to subject such property to taxation. | 1 | 1987–1987 |
Long v. Roberts & Son
green
2 sentences1987In Long v. Roberts Son , 234 Ala. 570 , 176 So. 213 (1937), the Court, quoting Van Brocklin v. Anderson , 117 U.S. 151 , 6 S.Ct. 670 , 29 L.Ed. 845 (1886), expressed the rule thusly; " 'General tax acts of a state are never, without the clearest words, held to include its own property, or that of its municipal corporations, although not in terms exempted from taxation. * * * "The immunity of the property of the state, and of its political subdivisions, from taxation, does not result from a want of power in the legislature to subject such property to taxation. 1987In Long v. Roberts Son , 234 Ala. 570 , 176 So. 213 (1937), the Court, quoting Van Brocklin v. Anderson , 117 U.S. 151 , 6 S.Ct. 670 , 29 L.Ed. 845 (1886), expressed the rule thusly; " 'General tax acts of a state are never, without the clearest words, held to include its own property, or that of its municipal corporations, although not in terms exempted from taxation. * * * "The immunity of the property of the state, and of its political subdivisions, from taxation, does not result from a want of power in the legislature to subject such property to taxation. | 1 | 1987–1987 |
Cooper v. Johnston
green
2 sentences1981See Cochran v. Ozark Country Club, Inc. , 339 So.2d 1023 (Ala. 1976); Cooper v. Johnston , 283 Ala. 565 , 219 So.2d 392 (1969). 1981See Cochran v. Ozark Country Club, Inc. , 339 So.2d 1023 (Ala. 1976); Cooper v. Johnston , 283 Ala. 565 , 219 So.2d 392 (1969). | 1 | 1981–1981 |
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.