8 Alabama opinions name it 2 courts 1991–2011 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.
| Case | Followed | Cited |
|---|---|---|
Green Oil Co. v. Hornsbygreen2 sentences2008In Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala.1989), the Court established seven factors that, as a matter of state law, a trial court may consider in a postjudgment review of a jury's punitive-damages award. 2008In Green Oil Co. v. Hornsby , 539 So.2d 218 (Ala. 1989), the Court established seven factors that, as a matter of state law, a trial court may consider in a postjudgment review of a jury's punitive-damages award. | 1 | 6 |
Kennedy v. Mendoza-Martinezgreen2 sentences2011“Because we conclude that the intent of the Alabama Legislature in promulgating the residency requirement of the CNA was to create a civil, nonpunitive legislative scheme, we must now determine whether the statute is so punitive in effect as to negate the legislature’s intent. “ ‘In analyzing the effects of the Act we refer to the seven factors noted in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-169 (1963), as a useful framework. 2004"In analyzing the effects of the Act we refer to the seven factors noted in Kennedy v. Mendoza-Martinez , 372 U.S. 144 , 168-169 [, 83 S.Ct. 554 , 9 L.Ed.2d 644 ] (1963), as a useful framework. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hammond v. City of Gadsden
green
1 sentence2004Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986), and Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala.1989), set out the seven factors this Court uses in determining the reasonableness, within the constitutional parameters set out in BMW v. Gore , of punitive-damages awards under Alabama law: (1) the reprehensibility of Shiv-Ram's conduct; (2) the relationship of the punitive-damages award to the harm that actually occurred, or is likely to occur, from Shiv-Ram's conduct; (3) Shiv-Ram's profit from its misconduct; (4)Shiv-Ram's financial position; (5) the cost to Linda of the litigation; (6) | 1 | 2004–2004 |
Aetna Life Ins. Co. v. Lavoie
green
1 sentence1997In Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala.1989), this Court adopted the seven factors set out in my special concurrence in Aetna, 505 So.2d at 1060-62 , as factors that "could be taken into consideration by the trial court in determining whether the jury award of punitive damages is excessive or inadequate." 539 So.2d at 223 . | 1 | 1997–1997 |
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.