occurrence violation (Alabama) · Go Syfert
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occurrence violation in Alabama

6 Alabama opinions name it 2 courts 1946–2015 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
Hill v. Chamblessgreen
ala · 2000 · cited in 1 Alabama opinions naming this issue, 2015–2015
1 sentence

2015Hill v. Chambless, 757 So.2d 409, 411 (Ala.2000) (“[T]his Court has stated that a trial court may, within its discretion, dispense with the hearing altogether and rule on the [Rule 56] motion without any further proceedings.”).

11
Rosnick v. Marksgreen
neb · 1984 · cited in 1 Alabama opinions naming this issue, 1999–1999
2 sentences

1999In utilizing the language found in § 25-222, the Nebraska Legislature has opted for the occurrence rule, tempered or ameliorated by a provision for discovery. " 218 Neb. at 505-06 , 357 N.W.2d at 189-91 (emphasis added).

1999In utilizing the language found in § 25-222, the Nebraska Legislature has opted for the occurrence rule, tempered or ameliorated by a provision for discovery. " 218 Neb. at 505-06 , 357 N.W.2d at 189-91 (emphasis added).

11
Hewlett v. John Blue Employees Federal Credit Uniongreen
alacivapp · 1976 · cited in 1 Alabama opinions naming this issue, 1978–1978
1 sentence

1978See Hewlett v. John Blue Employees Federal Credit Union, supra. As noted above, defendant's counterclaim was filed May 23, 1977.

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 (9)

CaseCitedYears
US Fidelity v. Baldwin County Home Builders green
ala · 2000
1 sentence

2011Id.

12011–2011
Budd v. Nixen red
cal · 1971
2 sentences

1999This situation has been characterized as the occurrence rule, in contrast with the damage rule illustrated by Budd v. Nixen, 6 Cal.3d 195 , 491 P.2d 433 , 98 Cal.Rptr. 849 (1971).

1999This situation has been characterized as the occurrence rule, in contrast with the damage rule illustrated by Budd v. Nixen, 6 Cal.3d 195 , 491 P.2d 433 , 98 Cal.Rptr. 849 (1971).

11999–1999
Ex Parte Sims green
ala · 1993
1 sentence

1999However, it is not for this Court to act as a superlegislature and second-guess the wisdom or folly, advantages or disadvantages of legislation. [2] See Ex parte Sims, 627 So.2d 380 (Ala.1993) (Section 34-3-21 governs settlements before appeal, and Ala. R.App.

11999–1999
Wachtel v. West green
tned · 1972
1 sentence

1976That section provides: "Any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation." Assuming arguendo that the credit union's action constituted a violation of the "Truth in Lending Act," the time of the violation is deemed to occur at the moment the loan transaction was consummated, Wachtel v. West, 344 F.Supp. 680 (E.D.

11976–1976
Siegfried Wachtel and Wife, Roberta S. Wachtel v. Bryce West and Wife, Frances West green
ca6 · 1973
1 sentence

1976Tenn.1972), aff'd, 476 F.2d 1062 (6th Cir. 1973), cert. den., 414 U.S. 874 , 94 S.Ct. 161 , 38 L.Ed.2d 114 (1973), i. e., on May 9, 1973.

11976–1976
Mogulnicki v. Keller green
scotus · 1973
1 sentence

1976Tenn.1972), aff'd, 476 F.2d 1062 (6th Cir. 1973), cert. den., 414 U.S. 874 , 94 S.Ct. 161 , 38 L.Ed.2d 114 (1973), i. e., on May 9, 1973.

11976–1976
Fabrycki v. Trustees of Indiana University green
scotus · 1973
1 sentence

1976Tenn.1972), aff'd, 476 F.2d 1062 (6th Cir. 1973), cert. den., 414 U.S. 874 , 94 S.Ct. 161 , 38 L.Ed.2d 114 (1973), i. e., on May 9, 1973.

11976–1976
Wachtel v. West green
scotus · 1973
1 sentence

1976Tenn.1972), aff'd, 476 F.2d 1062 (6th Cir. 1973), cert. den., 414 U.S. 874 , 94 S.Ct. 161 , 38 L.Ed.2d 114 (1973), i. e., on May 9, 1973.

11976–1976
Alba Trading Co. v. Constants neutral
nysupct · 1944
2 sentences

1946This has been held in two cases by the same judge in New York to mean that any action for an overcharge must be brought by the administrator if the buyer purchased for use or consumption in the course of trade or business, — Alba Trading Co. v. Constants, 181 Misc. 778 , 47 N.Y.S.2d 138 ; Marrow Mfg.

1946This has been held in two cases by the same judge in New York to mean that any action for an overcharge must be brought by the administrator if the buyer purchased for use or consumption in the course of trade or business, — Alba Trading Co. v. Constants, 181 Misc. 778 , 47 N.Y.S.2d 138 ; Marrow Mfg.

11946–1946

Where else courts name it

CT 43 (1988–2025) MS 36 (1974–2023) OH 21 (1989–2025) PA 20 (1978–2025) GA 18 (1940–2026) TX 17 (1948–2020) CA 16 (1946–2022) IN 16 (1979–2017) NY 16 (1945–2024) IL 14 (1948–2023) NJ 14 (1957–2025) NM 13 (1996–2022) NE 12 (1984–2022) SD 12 (1990–2020) KS 10 (1988–2015) WA 9 (1995–2026) AR 8 (1973–2020) MO 8 (1980–2025) LA 7 (1983–2019) KY 6 (1997–2025) AL 6 (1946–2015) ME 6 (1996–2019) MN 5 (1945–2017) FL 5 (1958–2014) DC 4 (1997–2014) NV 4 (1963–2014) MD 4 (1974–2022) NC 4 (1948–1996) TN 3 (2014–2019) AZ 3 (1981–2010) DE 3 (1977–2025) AK 3 (1990–2016) OR 3 (1945–2008) OK 3 (1950–2023) WV 2 (1979–2008)

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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