6 Alabama opinions name it 2 courts 1898–2008 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 |
|---|---|---|
State ex rel. Locke v. Sweeneygreen1 sentence2005Locke v. Sweeney, 349 So.2d 1147, 1148 (Ala.1977), the Alabama Supreme Court stated: "Art. 6.11 of the Judicial Article, standing alone, permits this court to adopt a rule providing for the temporary assignment of judges by the presiding judges of the various circuits. | 1 | 1 |
Kassen v. Hatleygreen1 sentence2000During oral argument of this case, which was consolidated for oral argument and consideration with three other medical-malpractice actions against State-paid physicians, namely, Wells v. Storey, 792 So.2d 1034 (Ala.1999); Ex parte Rizk, [Ms. 1970493, Nov. 24, 1999]; [*] and Wimpee v. Stella, [Ms. 1971774, Nov. 24, 1999], [*] counsel for the plaintiff patients urged this Court to adopt a rule similar to the one set forth in Kassen v. Hatley, 887 S.W.2d 4, 11 (Tex.1994), which recognizes a distinction "between governmental [discretion] and medical discretion." (Emphasis added.) The rule of Kasse | 1 | 1 |
Lather v. Beadle Countygreen1 sentence2000See, e.g., Lather v. Beadle County, 879 F.2d 365 (8th Cir. 1989); Henderson v. Bluemink, 511 F.2d 399 (D.C.Cir.1974); Keenan v. Plouffe, 267 Ga. 791 , 482 S.E.2d 253 (1997); Gould v. O'Bannon, 770 S.W.2d 220 (Ky.1989); Green v. Berrien Gen. | 1 | 1 |
Breed v. Atlanta, B. C. R. Co.green2 sentences1984The purpose of the wrongful death statute is to prevent homicide by wrongful act, omission, or negligence "without respect to personal condition or disability of the person so protected." Breed v. Atlanta, B. & C.R.R., 241 Ala. 640, 642 , 4 So.2d 315, 316 (1941). 1984The purpose of the wrongful death statute is to prevent homicide by wrongful act, omission, or negligence "without respect to personal condition or disability of the person so protected." Breed v. Atlanta, B. & C.R.R., 241 Ala. 640, 642 , 4 So.2d 315, 316 (1941). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ridgway v. Shelter Insurance Companies
green
2 sentences2008Cos., 22 Kan. 2008Cos., 22 Kan. | 1 | 2008–2008 |
Western Sling and Cable Co. v. Hamilton
green
2 sentences2005In Western Sling one of the parties urged this Court to adopt an exception to the rule of contra proferentem in those situations "where sophisticated, intelligent business persons who are each represented by legal counsel enter into a contract after an arm's-length negotiation wherein all parties have ample opportunity to negotiate all of the contract's terms. . . ." 545 So.2d at 31 . 2005Finding the logic of the proposed exception persuasive, this Court adopted it, stating that "[w]here both parties to a contract are sophisticated business persons advised by counsel and the contract is a product of negotiations at arm's length between the parties, we find no reason to automatically construe ambiguities in the contract against the drafter." 545 So.2d at 32 . | 1 | 2005–2005 |
Keenan v. Plouffe
green
2 sentences2000See, e.g., Lather v. Beadle County, 879 F.2d 365 (8th Cir. 1989); Henderson v. Bluemink, 511 F.2d 399 (D.C.Cir.1974); Keenan v. Plouffe, 267 Ga. 791 , 482 S.E.2d 253 (1997); Gould v. O'Bannon, 770 S.W.2d 220 (Ky.1989); Green v. Berrien Gen. 2000See, e.g., Lather v. Beadle County, 879 F.2d 365 (8th Cir. 1989); Henderson v. Bluemink, 511 F.2d 399 (D.C.Cir.1974); Keenan v. Plouffe, 267 Ga. 791 , 482 S.E.2d 253 (1997); Gould v. O'Bannon, 770 S.W.2d 220 (Ky.1989); Green v. Berrien Gen. | 1 | 2000–2000 |
United States v. Gaubert
green
2 sentences2000During oral argument of this case, which was consolidated for oral argument and consideration with three other medical-malpractice actions against State-paid physicians, namely, Wells v. Storey, 792 So.2d 1034 (Ala.1999); Ex parte Rizk, [Ms. 1970493, Nov. 24, 1999]; [*] and Wimpee v. Stella, [Ms. 1971774, Nov. 24, 1999], [*] counsel for the plaintiff patients urged this Court to adopt a rule similar to the one set forth in Kassen v. Hatley, 887 S.W.2d 4, 11 (Tex.1994), which recognizes a distinction "between governmental [discretion] and medical discretion." (Emphasis added.) The rule of Kasse 2000During oral argument of this case, which was consolidated for oral argument and consideration with three other medical-malpractice actions against State-paid physicians, namely, Wells v. Storey, 792 So.2d 1034 (Ala.1999); Ex parte Rizk, [Ms. 1970493, Nov. 24, 1999]; [*] and Wimpee v. Stella, [Ms. 1971774, Nov. 24, 1999], [*] counsel for the plaintiff patients urged this Court to adopt a rule similar to the one set forth in Kassen v. Hatley, 887 S.W.2d 4, 11 (Tex.1994), which recognizes a distinction "between governmental [discretion] and medical discretion." (Emphasis added.) The rule of Kasse | 1 | 2000–2000 |
Wells v. Storey
green
1 sentence2000During oral argument of this case, which was consolidated for oral argument and consideration with three other medical-malpractice actions against State-paid physicians, namely, Wells v. Storey, 792 So.2d 1034 (Ala.1999); Ex parte Rizk, [Ms. 1970493, Nov. 24, 1999]; [*] and Wimpee v. Stella, [Ms. 1971774, Nov. 24, 1999], [*] counsel for the plaintiff patients urged this Court to adopt a rule similar to the one set forth in Kassen v. Hatley, 887 S.W.2d 4, 11 (Tex.1994), which recognizes a distinction "between governmental [discretion] and medical discretion." (Emphasis added.) The rule of Kasse | 1 | 2000–2000 |
Fifyne Henderson v. Major George Bluemink
green
1 sentence2000See, e.g., Lather v. Beadle County, 879 F.2d 365 (8th Cir. 1989); Henderson v. Bluemink, 511 F.2d 399 (D.C.Cir.1974); Keenan v. Plouffe, 267 Ga. 791 , 482 S.E.2d 253 (1997); Gould v. O'Bannon, 770 S.W.2d 220 (Ky.1989); Green v. Berrien Gen. | 1 | 2000–2000 |
Berkovitz v. United States
green
2 sentences2000During oral argument of this case, which was consolidated for oral argument and consideration with three other medical-malpractice actions against State-paid physicians, namely, Wells v. Storey, 792 So.2d 1034 (Ala.1999); Ex parte Rizk, [Ms. 1970493, Nov. 24, 1999]; [*] and Wimpee v. Stella, [Ms. 1971774, Nov. 24, 1999], [*] counsel for the plaintiff patients urged this Court to adopt a rule similar to the one set forth in Kassen v. Hatley, 887 S.W.2d 4, 11 (Tex.1994), which recognizes a distinction "between governmental [discretion] and medical discretion." (Emphasis added.) The rule of Kasse 2000During oral argument of this case, which was consolidated for oral argument and consideration with three other medical-malpractice actions against State-paid physicians, namely, Wells v. Storey, 792 So.2d 1034 (Ala.1999); Ex parte Rizk, [Ms. 1970493, Nov. 24, 1999]; [*] and Wimpee v. Stella, [Ms. 1971774, Nov. 24, 1999], [*] counsel for the plaintiff patients urged this Court to adopt a rule similar to the one set forth in Kassen v. Hatley, 887 S.W.2d 4, 11 (Tex.1994), which recognizes a distinction "between governmental [discretion] and medical discretion." (Emphasis added.) The rule of Kasse | 1 | 2000–2000 |
Gould v. O'BANNON
green
1 sentence2000See, e.g., Lather v. Beadle County, 879 F.2d 365 (8th Cir. 1989); Henderson v. Bluemink, 511 F.2d 399 (D.C.Cir.1974); Keenan v. Plouffe, 267 Ga. 791 , 482 S.E.2d 253 (1997); Gould v. O'Bannon, 770 S.W.2d 220 (Ky.1989); Green v. Berrien Gen. | 1 | 2000–2000 |
Forrest v. Robinson
neutral
1 sentence1898By analogy alike to the statutory rule dispensing with replications to answers (Code, §701), and to the rule obtaining at law that in the absence of a special replication to a plea the other party is held to have taken issue upon it, it must be held, and indeed has been held by this court, that in such case — the case of a plea to a bill in equity and a submission for final decree upon the plea either alone or along with other defenses — the complainant silently takes issue on the plea; and that is the case now before us. —Forrest & Wife v. Robinson Extr., 2 Ala. 215 ; American Freehold Land M | 1 | 1898–1898 |
American Freehold Land Mortgage Co. v. Dykes
green
1 sentence1898By analogy alike to the statutory rule dispensing with replications to answers (Code, §701), and to the rule obtaining at law that in the absence of a special replication to a plea the other party is held to have taken issue upon it, it must be held, and indeed has been held by this court, that in such case — the case of a plea to a bill in equity and a submission for final decree upon the plea either alone or along with other defenses — the complainant silently takes issue on the plea; and that is the case now before us. —Forrest & Wife v. Robinson Extr., 2 Ala. 215 ; American Freehold Land M | 1 | 1898–1898 |
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.