relaxed standard (Alabama) · Go Syfert
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relaxed standard in Alabama

6 Alabama opinions name it 2 courts 1989–2016 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
Luv N' Care, Ltd. v. Insta-Mix, Inc.green
ca5 · 2006 · cited in 2 Alabama opinions naming this issue, 2007–2007
2 sentences

2007Recently, in Luv n' care, Ltd. v. Insta-Mix, Inc., 438 F.3d 465, 475 (5th Cir.2006), Judge DeMoss, concurring specially in a holding that the defendant was subject to suit in Louisiana, noted that while he was bound by Fifth Circuit precedent to apply the less restrictive view urged by Justice Brennan in Asahi, he preferred the "stream-of-commerce-plus" approach advocated by Justice O'Connor.

2007Recently, in Luv n’ care, Ltd. v. Insta-Mix, Inc., 438 F.3d 465, 475 (5th Cir.2006), Judge DeMoss, concurring specially in a holding that the defendant was subject to suit in Louisiana, noted that while he was bound by Fifth Circuit precedent to apply the less restrictive view urged by Justice Brennan in Asahi, he preferred the “stream-of-commerce-plus” approach advocated by Justice O’Connor.

22
CSX Transportation, Inc. v. Millergreen
ala · 2010 · cited in 1 Alabama opinions naming this issue, 2016–2016
1 sentence

2016A relaxed standard of causation has been applied under the FELA. ‘ “Under this statute the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought.”' Gottshall, 512 U.S. at 543 , 114 S.Ct. 2396 (quoting Rogers v. Missouri Pacific R.R., 352 U.S. 500, 506 , 77 S.Ct. 443 , 1 L.Ed.2d 493 (1957)).” CSX Transp., Inc. v. Miller, 46 So.3d 434, 460-61 (Ala.2010) (emphasis added).

11
Hicks v. Globe Life and Acc. Ins. Co.red
ala · 1991 · cited in 1 Alabama opinions naming this issue, 1997–1997
1 sentence

1997See Hicks, 584 So.2d at 469 (Almon, J., dissenting) ("The new standard of `justifiable reliance' gives to parties claiming fraud undue leeway to ignore written contract terms and allows in some cases the automatic creation of a jury issue by a plaintiff's statement in contradiction of such written terms.").

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 (3)

CaseCitedYears
Rogers v. Missouri Pacific Railroad green
scotus · 1957
2 sentences

2016A relaxed standard of causation has been applied under the FELA. ‘ “Under this statute the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought.”' Gottshall, 512 U.S. at 543 , 114 S.Ct. 2396 (quoting Rogers v. Missouri Pacific R.R., 352 U.S. 500, 506 , 77 S.Ct. 443 , 1 L.Ed.2d 493 (1957)).” CSX Transp., Inc. v. Miller, 46 So.3d 434, 460-61 (Ala.2010) (emphasis added).

2016A relaxed standard of causation has been applied under the FELA. ‘ “Under this statute the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought.”' Gottshall, 512 U.S. at 543 , 114 S.Ct. 2396 (quoting Rogers v. Missouri Pacific R.R., 352 U.S. 500, 506 , 77 S.Ct. 443 , 1 L.Ed.2d 493 (1957)).” CSX Transp., Inc. v. Miller, 46 So.3d 434, 460-61 (Ala.2010) (emphasis added).

22010–2016
Consolidated Rail Corporation v. Gottshall green
scotus · 1994
2 sentences

2016A relaxed standard of causation has been applied under the FELA. ‘ “Under this statute the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought.”' Gottshall, 512 U.S. at 543 , 114 S.Ct. 2396 (quoting Rogers v. Missouri Pacific R.R., 352 U.S. 500, 506 , 77 S.Ct. 443 , 1 L.Ed.2d 493 (1957)).” CSX Transp., Inc. v. Miller, 46 So.3d 434, 460-61 (Ala.2010) (emphasis added).

2016A relaxed standard of causation has been applied under the FELA. ‘ “Under this statute the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought.”' Gottshall, 512 U.S. at 543 , 114 S.Ct. 2396 (quoting Rogers v. Missouri Pacific R.R., 352 U.S. 500, 506 , 77 S.Ct. 443 , 1 L.Ed.2d 493 (1957)).” CSX Transp., Inc. v. Miller, 46 So.3d 434, 460-61 (Ala.2010) (emphasis added).

22010–2016
Terry v. Ohio green
scotus · 1968
2 sentences

1989We reiterate that "[t]his demand for specificity in the information upon which police action is predicated is the central teaching of [the United States Supreme] Court's Fourth Amendment jurisprudence. " Terry , 392 U.S. at 21 , n. 18, 88 S.Ct. at 1880 , n. 18 (emphasis added). "[C]ourts still retain their traditional responsibility to guard against police conduct which is overbearing or harassing, or which trenches upon personal security without the objective evidentiary justification which the Constitution requires.

1989We reiterate that "[t]his demand for specificity in the information upon which police action is predicated is the central teaching of [the United States Supreme] Court's Fourth Amendment jurisprudence. " Terry , 392 U.S. at 21 , n. 18, 88 S.Ct. at 1880 , n. 18 (emphasis added). "[C]ourts still retain their traditional responsibility to guard against police conduct which is overbearing or harassing, or which trenches upon personal security without the objective evidentiary justification which the Constitution requires.

11989–1989

Where else courts name it

PA 219 (1958–2026) IL 50 (1976–2025) TX 36 (1970–2025) NJ 35 (1975–2026) NY 34 (1877–2024) CA 28 (1960–2025) FL 26 (1991–2019) WA 23 (1994–2024) LA 22 (1965–2025) OH 16 (1989–2023) CT 15 (1973–2016) IN 15 (1883–2020) WI 14 (1926–2020) MD 13 (1928–2020) TN 13 (1994–2017) KS 12 (1990–2016) GA 12 (1988–2017) OK 11 (1935–2014) RI 11 (1989–2006) ID 9 (1977–2024) IA 9 (1996–2025) KY 8 (1956–2015) UT 7 (1981–2021) VA 7 (2006–2025) CO 6 (1983–2020) AL 6 (1989–2016) NM 6 (1989–2020) MS 6 (1997–2012) MI 5 (1990–2019) MA 5 (1980–2009) MO 5 (1975–2023) AZ 5 (1985–2021) SC 5 (2000–2018) AK 4 (1985–2004) DC 4 (2000–2022) MN 4 (2014–2018) VT 3 (1998–2020) OR 3 (1990–2024) NV 3 (1990–2016) NC 3 (1995–2004) HI 3 (2002–2016) ND 2 (1986–1994) DE 2 (1980–2002) MT 2 (2015–2015) AR 2 (1985–2023)

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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