incentive for litigants challenge (Alabama) · Go Syfert
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incentive for litigants challenge in Alabama

7 Alabama opinions name it 2 courts 1983–2014 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
Hosea O. Weaver & Sons, Inc. v. Townergreen
ala · 1995 · cited in 5 Alabama opinions naming this issue, 1997–2014
2 sentences

2014Weaver & Sons, Inc. v. Towner, 663 So.2d 892, 899 (Ala.1995), quoting in turn Prospective Application of Judicial Decisions, 33 Ala. L.Rev. 463, 473 (1982)), Because the holding applied to the parties involved in the decision as well as future cases, our supreme court described the holding as having “quasi-pro spective” application.

2012Weaver & Sons, Inc. v. Towner, 663 So.2d 892, 899 (Ala.1995) (quoting Prospective Application of Judicial Decisions, 33 Ala. L.Rev., 463, 473 (1982)).” Capstone’s application for rehearing, at 2.

55
Palm Harbor Homes, Inc. v. Turnergreen
ala · 2001 · cited in 1 Alabama opinions naming this issue, 2012–2012
1 sentence

2012Cf. Palm Harbor Homes, Inc. v. Turner, 796 So.2d 295, 297 (Ala.2001) (retroactive application of new decision to parties at bar would ‘reward[ ] the prevailing party on the appeal, thereby providing “an incentive for litigants to challenge existing rules of law that are in need of reform’”) (quoting Prof.

11
Jackson v. City of Florencegreen
ala · 1975 · cited in 1 Alabama opinions naming this issue, 1983–1983
2 sentences

1983The main justifications for quasi-prospective application have been stated: "[F]irst, to make an announcement binding precedent rather than mere dictum; . . . and second, to reward successful appellants and thereby provide an incentive for litigants to challenge existing rules of law that are in need of reform.[fn*]" "See Jackson v. City of Florence , 294 Ala. 592 , 599-600 , 320 So.2d 68 , 75 (1975) (quasi-prospective application `recognizes the efforts of the plaintiff initiating the action')." 33 Ala.L.Rev. at 474.

1983The main justifications for quasi-prospective application have been stated: "[F]irst, to make an announcement binding precedent rather than mere dictum; . . . and second, to reward successful appellants and thereby provide an incentive for litigants to challenge existing rules of law that are in need of reform.[fn*]" "See Jackson v. City of Florence , 294 Ala. 592 , 599-600 , 320 So.2d 68 , 75 (1975) (quasi-prospective application `recognizes the efforts of the plaintiff initiating the action')." 33 Ala.L.Rev. at 474.

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
Christopher v. Christopher green
ala · 2013
1 sentence

2014By doing so, the supreme court noted that this provided ““‘an incentive for litigants to challenge existing rules of law that are in need of reform.” ’ ” Christopher, 145 So.3d at 72 (quoting Hosea O.

12014–2014
Professional Ins. Corp. v. Sutherland green
ala · 1997
1 sentence

2001Corp. v. Sutherland , 700 So.2d 347 , 352 (Ala. 1997) (citations omitted).

12001–2001

Statutes the citing opinions construe

AL § Ala. Code § 6-2-30 (3) AL § Ala. Code § 6-2-38 (3) AL § Ala. Code § 6-5-547 (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.

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