strength presumption (Alabama) · Go Syfert
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strength presumption in Alabama

8 Alabama opinions name it 1 courts 1887–2011 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 (3)

CaseFollowedCited
Alabama Power Company v. Murraygreen
ala · 1999 · cited in 2 Alabama opinions naming this issue, 2003–2011
2 sentences

2011Thus, where the plaintiff has suffered no physical injury, we ‘address the strength of the presumption that a jury’s verdict is correct,’ Bryant, 738 So.2d at 837 , in the context of the plaintiffs testimony regarding the ‘nature, severity, and duration of the mental anguish.’ Alabama Power Co. v. Murray, 751 So.2d 494, 501 (Ala.1999).

2011Thus, where the plaintiff has suffered no physical injury, we `address the strength of the presumption that a jury's verdict is correct,' Bryant, 738 So.2d at 837 , in the context of the plaintiff's testimony regarding the `nature, severity, and duration of the mental anguish.' Alabama Power Co. v. Murray, 751 So.2d 494, 501 (Ala.1999).

22
Kmart Corp. v. Kylesgreen
ala · 1998 · cited in 3 Alabama opinions naming this issue, 2002–2011
2 sentences

2011Cf. Orkin Exterminating Co. v. Jeter, 832 So.2d 25 (Ala.2001) (remitting $400,000 compensatory-damages award to $300,000); Oliver v. Towns, 770 So.2d 1059 (Ala.2000) ($500,-000 compensatory-damages award remitted to $75,000); Alabama Power Co. v. Murray, supra ($150,000 compensatory-damages award reduced to $84,000); Bryant, supra (reducing $400,000 compensatory-damages award to $100,000); Kyles, supra ($100,000 compensatory-damages award remitted to $15,000).” Dr. O’Rear’s argument that the compensatory-damages award is excessive rests largely on his contention that the harm suffered by B.H.

2011Cf. Orkin Exterminating Co. v. Jeter, 832 So.2d 25 (Ala.2001) (remitting $400,000 compensatory-damages award to $300,000); Oliver v. Towns, 770 So.2d 1059 (Ala.2000) ($500,000 compensatory-damages award remitted to $75,000); Alabama Power Co. v. Murray, supra ($150,000 compensatory-damages award reduced to $84,000); Bryant, supra (reducing $400,000 compensatory-damages award to $100,000); Kyles, supra ($100,000 compensatory-damages award remitted to $15,000)." Dr. O'Rear's argument that the compensatory-damages award is excessive rests largely on his contention that the harm suffered by B.H. w

13
Delchamps, Inc. v. Bryantgreen
ala · 1999 · cited in 3 Alabama opinions naming this issue, 2001–2011
2 sentences

2011Thus, where the plaintiff has suffered no physical injury, we ‘address the strength of the presumption that a jury’s verdict is correct,’ Bryant, 738 So.2d at 837 , in the context of the plaintiffs testimony regarding the ‘nature, severity, and duration of the mental anguish.’ Alabama Power Co. v. Murray, 751 So.2d 494, 501 (Ala.1999).

2011Thus, where the plaintiff has suffered no physical injury, we `address the strength of the presumption that a jury's verdict is correct,' Bryant, 738 So.2d at 837 , in the context of the plaintiff's testimony regarding the `nature, severity, and duration of the mental anguish.' Alabama Power Co. v. Murray, 751 So.2d 494, 501 (Ala.1999).

13

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 (7)

CaseCitedYears
Orkin Exterminating Co., Inc. v. Jeter green
ala · 2001
2 sentences

2011Cf. Orkin Exterminating Co. v. Jeter, 832 So.2d 25 (Ala.2001) (remitting $400,000 compensatory-damages award to $300,000); Oliver v. Towns, 770 So.2d 1059 (Ala.2000) ($500,-000 compensatory-damages award remitted to $75,000); Alabama Power Co. v. Murray, supra ($150,000 compensatory-damages award reduced to $84,000); Bryant, supra (reducing $400,000 compensatory-damages award to $100,000); Kyles, supra ($100,000 compensatory-damages award remitted to $15,000).” Dr. O’Rear’s argument that the compensatory-damages award is excessive rests largely on his contention that the harm suffered by B.H.

2011Cf. Orkin Exterminating Co. v. Jeter, 832 So.2d 25 (Ala.2001) (remitting $400,000 compensatory-damages award to $300,000); Oliver v. Towns, 770 So.2d 1059 (Ala.2000) ($500,000 compensatory-damages award remitted to $75,000); Alabama Power Co. v. Murray, supra ($150,000 compensatory-damages award reduced to $84,000); Bryant, supra (reducing $400,000 compensatory-damages award to $100,000); Kyles, supra ($100,000 compensatory-damages award remitted to $15,000)." Dr. O'Rear's argument that the compensatory-damages award is excessive rests largely on his contention that the harm suffered by B.H. w

22003–2011
Oliver v. Towns green
ala · 2000
2 sentences

2011Cf. Orkin Exterminating Co. v. Jeter, 832 So.2d 25 (Ala.2001) (remitting $400,000 compensatory-damages award to $300,000); Oliver v. Towns, 770 So.2d 1059 (Ala.2000) ($500,-000 compensatory-damages award remitted to $75,000); Alabama Power Co. v. Murray, supra ($150,000 compensatory-damages award reduced to $84,000); Bryant, supra (reducing $400,000 compensatory-damages award to $100,000); Kyles, supra ($100,000 compensatory-damages award remitted to $15,000).” Dr. O’Rear’s argument that the compensatory-damages award is excessive rests largely on his contention that the harm suffered by B.H.

2011Cf. Orkin Exterminating Co. v. Jeter, 832 So.2d 25 (Ala.2001) (remitting $400,000 compensatory-damages award to $300,000); Oliver v. Towns, 770 So.2d 1059 (Ala.2000) ($500,000 compensatory-damages award remitted to $75,000); Alabama Power Co. v. Murray, supra ($150,000 compensatory-damages award reduced to $84,000); Bryant, supra (reducing $400,000 compensatory-damages award to $100,000); Kyles, supra ($100,000 compensatory-damages award remitted to $15,000)." Dr. O'Rear's argument that the compensatory-damages award is excessive rests largely on his contention that the harm suffered by B.H. w

22003–2011
Strength v. Alabama Dept. of Finance green
ala · 1993
2 sentences

2007Second, on the strength of the analysis provided by this Court in Strength v. Alabama Department of Finance, 622 So.2d 1283 (Ala.1993), I conclude that the statutory mandate by our legislature for the defense and indemnification of State employees is, by its very nature, inherently one of insurance; the statements otherwise in the "guidelines" adopted by the executive branch do not make it any less so.

2007Second, on the strength of the analysis provided by this Court in Strength v. Alabama Department of Finance , 622 So.2d 1283 (Ala. 1993), I conclude that the statutory mandate by our legislature for the defense and indemnification of State employees is, by its very nature, inherently one of insurance; the statements otherwise in the "guidelines" adopted by the executive branch do not make it any less so.

12007–2007
Lawrence v. Paden neutral
illappct · 1898
1 sentence

1959In Lawrence v. Paden, 76 Ill.App. 510, 514 , it is said: “A cross bill would seem to be unnecessary as between the defendants to a bill of interpleader.

11959–1959
Dent v. Foy neutral
ala · 1923
2 sentences

1925Accordingly, we follow the rule laid down in Citizens’ Light Co. v. Central Trust Co., 200 Ala. 18 , 75 So. 330 , and approved in Dent v. Foy, 210 Ala. 160 , 97 So. 627 , vizi.: This court on appeal should look to the whole record, including the testimony of the witnesses, the finding of the register, and the finding of the trial judge, and apply to the whole our own judgment to determine as best we can what is just between the parties.

1925Accordingly, we follow the rule laid down in Citizens’ Light Co. v. Central Trust Co., 200 Ala. 18 , 75 So. 330 , and approved in Dent v. Foy, 210 Ala. 160 , 97 So. 627 , vizi.: This court on appeal should look to the whole record, including the testimony of the witnesses, the finding of the register, and the finding of the trial judge, and apply to the whole our own judgment to determine as best we can what is just between the parties.

11925–1925
Citizens' Light, Heat & Power Co. v. Central Trust Co. neutral
ala · 1917
2 sentences

1925Accordingly, we follow the rule laid down in Citizens’ Light Co. v. Central Trust Co., 200 Ala. 18 , 75 So. 330 , and approved in Dent v. Foy, 210 Ala. 160 , 97 So. 627 , vizi.: This court on appeal should look to the whole record, including the testimony of the witnesses, the finding of the register, and the finding of the trial judge, and apply to the whole our own judgment to determine as best we can what is just between the parties.

1925Accordingly, we follow the rule laid down in Citizens’ Light Co. v. Central Trust Co., 200 Ala. 18 , 75 So. 330 , and approved in Dent v. Foy, 210 Ala. 160 , 97 So. 627 , vizi.: This court on appeal should look to the whole record, including the testimony of the witnesses, the finding of the register, and the finding of the trial judge, and apply to the whole our own judgment to determine as best we can what is just between the parties.

11925–1925
Mitcham v. Moore neutral
· 1883
1 sentence

1887Having rightfully had the benefit of his and their entire defense under the general issue, the special pleas and the rulings on them were immate rial. — Mitcham v. Moore, 73 Ala. 542 .

11887–1887

Where else courts name it

TX 86 (1891–2024) NJ 52 (1927–2024) CA 29 (1892–2026) NY 24 (1914–2023) PA 24 (1916–2020) OH 21 (2006–2022) IL 15 (1928–2025) MI 15 (1896–2026) TN 12 (1953–2020) IA 11 (1898–1985) IN 10 (1877–2021) NE 10 (2016–2021) OR 9 (1943–2022) FL 8 (1929–2018) NC 8 (1881–2022) AL 8 (1887–2011) OK 6 (1916–1961) GA 6 (1936–2025) WA 6 (1914–2017) CO 6 (1982–2026) MD 6 (1973–2012) KS 6 (1892–2022) MA 5 (1883–2024) AZ 5 (1978–2007) HI 4 (1972–2020) DC 4 (1983–2020) ME 4 (1968–2017) NM 4 (1980–1989) DE 4 (1954–1989) LA 3 (1928–1984) SD 3 (1956–2024) SC 3 (2000–2009) VA 3 (2006–2025) MO 3 (1913–1980) MS 3 (1894–1982) UT 2 (2008–2020) MN 2 (1984–2001) WV 2 (1936–2002) KY 2 (2009–2023) CT 2 (1918–2011) ID 2 (1986–1991) VT 2 (1991–2024)

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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