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6 Alabama opinions name it 2 courts 1999–2018 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 |
|---|---|---|
Capitol Chevrolet, Inc. v. Smedleygreen1 sentence2004See also Capitol Chevrolet v. Smedley , [supra]. | 1 | 1 |
Smith v. Atkinsongreen1 sentence2002In Smith I , the United States district court denied a motion to dismiss a spoliation-of-evidence claim based on our response to a certified question in Smith v. Atkinson , 771 So.2d 429 (Ala. 2000) (" Smith II "). | 1 | 1 |
Alabama Power Company v. Murraygreen2 sentences2000"It long has been the rule that for the spoliation-of-evidence doctrine to apply, there must be proof of a party's purposeful and wrongful attempted or actual destruction of, tampering with, or suppression of material evidence." Alabama Power Co. v. Murray , 751 So.2d 494 , 501 (Ala. 1999) (See, J., dissenting). 2000"It long has been the rule that for the spoliation-of-evidence doctrine to apply, there must be proof of a party's purposeful and wrongful attempted or actual destruction of, tampering with, or suppression of material evidence." Alabama Power Co. v. Murray, 751 So.2d 494, 501 (Ala.1999) (See, J., dissenting). | 1 | 1 |
Christian v. Kenneth Chandler Const. Co.green2 sentences1999Id. at 413. 1999Id. | 1 | 1 |
Buzbee v. Alabama Waste Services, Inc.green2 sentences1999See McCleery v. McCleery , 200 Ala. 4 , 5 , 75 So. 316 , 318 (1917) (the spoliation-of-evidence doctrine was applicable where there was evidence tending to show that the defendant "had purposefully destroyed the [evidence] or had intentionally caused its destruction"); Buzbee v. Alabama Waste Services, Inc. , 709 So.2d 61 , 66 (Ala.Civ.App. 1998) ("As noted by the trial court, `the doctrine of spoliation requires an active attempt to suppress or [to] destroy evidence. 1999See McCleery v. McCleery, 200 Ala. 4, 5 , 75 So. 316, 318 (1917) (the spoliation-of-evidence doctrine was applicable where there was evidence tending to show that the defendant "had purposefully destroyed the [evidence] or had intentionally caused its destruction"); Buzbee v. Alabama Waste Services, Inc., 709 So.2d 61, 66 (Ala.Civ.App.1998) ("As noted by the trial court, `the doctrine of spoliation requires an active attempt to suppress or [to] destroy evidence. | 1 | 1 |
McCleery v. McCleerygreen2 sentences1999See McCleery v. McCleery , 200 Ala. 4 , 5 , 75 So. 316 , 318 (1917) (the spoliation-of-evidence doctrine was applicable where there was evidence tending to show that the defendant "had purposefully destroyed the [evidence] or had intentionally caused its destruction"); Buzbee v. Alabama Waste Services, Inc. , 709 So.2d 61 , 66 (Ala.Civ.App. 1998) ("As noted by the trial court, `the doctrine of spoliation requires an active attempt to suppress or [to] destroy evidence. 1999See McCleery v. McCleery , 200 Ala. 4 , 5 , 75 So. 316 , 318 (1917) (the spoliation-of-evidence doctrine was applicable where there was evidence tending to show that the defendant "had purposefully destroyed the [evidence] or had intentionally caused its destruction"); Buzbee v. Alabama Waste Services, Inc. , 709 So.2d 61 , 66 (Ala.Civ.App. 1998) ("As noted by the trial court, `the doctrine of spoliation requires an active attempt to suppress or [to] destroy evidence. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Russell v. East Alabama Health Care Authority
green
2 sentences2018Cf. Russell v. East Alabama Health Care Auth. , 192 So.3d 1170 , 1177 (Ala. Civ. 2018Cf. Russell v. East Alabama Health Care Auth. , 192 So.3d 1170 , 1177 (Ala. Civ. | 2 | 2018–2018 |
Tucker v. General Motors Corp.
green
1 sentence2004Co. v. Synergy [Gas, Inc.] , supra; Joyner v. B P Pest Control, Inc. , [supra]. "`The spoliation of evidence doctrine mandates dismissal or summary judgment only when the "spoiled" evidence is necessary for the adequate defense of the claim.' Tucker v. General Motors Corp. , 769 So.2d 895 , 900 (Ala.Civ.App. 1998) [ rev'd on other grounds , 769 So.2d 903 (Ala. 1999)]. | 1 | 2004–2004 |
Ex Parte General Motors Corp.
green
1 sentence2004Co. v. Synergy [Gas, Inc.] , supra; Joyner v. B P Pest Control, Inc. , [supra]. "`The spoliation of evidence doctrine mandates dismissal or summary judgment only when the "spoiled" evidence is necessary for the adequate defense of the claim.' Tucker v. General Motors Corp. , 769 So.2d 895 , 900 (Ala.Civ.App. 1998) [ rev'd on other grounds , 769 So.2d 903 (Ala. 1999)]. | 1 | 2004–2004 |
Williams v. State
green
1 sentence2002The court then quoted Miller v. Allstate Insurance Co. , 650 So.2d 671 , 673-74 *Page 242 (Fla.Dist.Ct.App. 1995), stating that "`where a viable means exists to pursue the underlying products liability claim, that cause of action must be pursued prior to, or together with, the spoliation of evidence claim.'" Yoder , 785 So.2d at 681 . | 1 | 2002–2002 |
Miller v. Allstate Ins. Co.
green
1 sentence2002The court then quoted Miller v. Allstate Insurance Co. , 650 So.2d 671 , 673-74 *Page 242 (Fla.Dist.Ct.App. 1995), stating that "`where a viable means exists to pursue the underlying products liability claim, that cause of action must be pursued prior to, or together with, the spoliation of evidence claim.'" Yoder , 785 So.2d at 681 . | 1 | 2002–2002 |
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.