damage rule (Alabama) · Go Syfert
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damage rule in Alabama

5 Alabama opinions name it 3 courts 1997–2023 2 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 (6)

CaseFollowedCited
Ex Parte Seabolgreen
ala · 2000 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023This Court is bound by the unambiguous language of § 6-5-574(a) and must give effect to that language ...." Ex parte Panell, 756 So. 2d 862, 867 (Ala. 1999) (plurality opinion); see also Ex parte Seabol, 782 So. 2d 212, 214 (Ala. 2000) (quoting with approval Panell plurality's articulation of the occurrence 28 SC-2022-0564 rule); Dennis v. Northcutt, 887 So. 2d 219, 221 (Ala. 2004) (plurality opinion) (same); Roberts v. Lanier, 72 So. 3d 1174, 1184-85 (Ala. 2011) (applying occurrence rule to two-year provision).

11
Barbara ROBERTS v. Steve LANIER Et Al.green
ala · 2011 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023This Court is bound by the unambiguous language of § 6-5-574(a) and must give effect to that language ...." Ex parte Panell, 756 So. 2d 862, 867 (Ala. 1999) (plurality opinion); see also Ex parte Seabol, 782 So. 2d 212, 214 (Ala. 2000) (quoting with approval Panell plurality's articulation of the occurrence 28 SC-2022-0564 rule); Dennis v. Northcutt, 887 So. 2d 219, 221 (Ala. 2004) (plurality opinion) (same); Roberts v. Lanier, 72 So. 3d 1174, 1184-85 (Ala. 2011) (applying occurrence rule to two-year provision).

11
Dennis v. Northcuttgreen
ala · 2004 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023This Court is bound by the unambiguous language of § 6-5-574(a) and must give effect to that language ...." Ex parte Panell, 756 So. 2d 862, 867 (Ala. 1999) (plurality opinion); see also Ex parte Seabol, 782 So. 2d 212, 214 (Ala. 2000) (quoting with approval Panell plurality's articulation of the occurrence 28 SC-2022-0564 rule); Dennis v. Northcutt, 887 So. 2d 219, 221 (Ala. 2004) (plurality opinion) (same); Roberts v. Lanier, 72 So. 3d 1174, 1184-85 (Ala. 2011) (applying occurrence rule to two-year provision).

11
Ex Parte Panellgreen
ala · 1999 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023This Court is bound by the unambiguous language of § 6-5-574(a) and must give effect to that language ...." Ex parte Panell, 756 So. 2d 862, 867 (Ala. 1999) (plurality opinion); see also Ex parte Seabol, 782 So. 2d 212, 214 (Ala. 2000) (quoting with approval Panell plurality's articulation of the occurrence 28 SC-2022-0564 rule); Dennis v. Northcutt, 887 So. 2d 219, 221 (Ala. 2004) (plurality opinion) (same); Roberts v. Lanier, 72 So. 3d 1174, 1184-85 (Ala. 2011) (applying occurrence rule to two-year provision).

11
State v. Jonesgreen
alacrimapp · 2009 · cited in 1 Alabama opinions naming this issue, 2022–2022
1 sentence

2022Douglas v. Roper, [Ms. 1200503, June 24, 2022] ___ So. 3d ___, ___ (Ala. 2022). 17 CR-21-0374 Barker factor weighs heavily against Quinnie because he acquiesced in the delay for more than three years, and the fourth Barker factor weighs against him because he is not entitled to a presumption of prejudice and he has made no attempt to demonstrate that he suffered any actual prejudice. " 'Obviously, in this balancing [of the Barker factors], the less prejudice [an accused] experiences, the less likely it is that a denial of a speedy trial right will be found.' " State v. Jones, 35 So. 3d 644, 65

11
Jankowski v. Taylor, Bishop & Leegreen
ga · 1980 · cited in 1 Alabama opinions naming this issue, 1999–1999
2 sentences

1999See Jankowski v. Taylor, Bishop & Lee, 246 Ga. 804 , 273 S.E.2d 16 (1980); cf. Budd v. Nixen, supra, [6 Cal.3d] at 201, 491 P.2d at 436 , 98 Cal.Rptr. at 852 : `Any appreciable and actual harm flowing from the attorney's negligent conduct establishes a cause of action upon which the client may sue.' "Legislatures have profound impact on statutes of limitations.

1999See Jankowski v. Taylor, Bishop & Lee, 246 Ga. 804 , 273 S.E.2d 16 (1980); cf. Budd v. Nixen, supra, [6 Cal.3d] at 201, 491 P.2d at 436 , 98 Cal.Rptr. at 852 : `Any appreciable and actual harm flowing from the attorney's negligent conduct establishes a cause of action upon which the client may sue.' "Legislatures have profound impact on statutes of limitations.

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
Marshall v. Marshall neutral
alacivapp · 1991
1 sentence

2010Id.

12010–2010
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
Long-Lewis Hardware Co. v. Lightsey green
alacivapp · 1980
1 sentence

1997Lightsey , 392 So.2d at 546 .

11997–1997

Where else courts name it

OH 106 (1940–2013) MO 69 (1954–2020) CA 59 (1929–2024) NJ 50 (1956–2020) NY 41 (1928–2025) LA 40 (1935–2022) TX 36 (1948–2021) IL 28 (1889–2016) FL 21 (1988–2026) VA 20 (1968–2015) MD 18 (1972–2019) WA 17 (1930–2025) ND 16 (1983–2023) MA 16 (1981–2016) IA 16 (1974–2025) IN 15 (1890–2019) WI 14 (1969–2020) AZ 13 (1977–2018) KY 12 (1966–2026) KS 12 (1988–2015) GA 12 (1929–2017) CO 11 (1971–2010) SD 11 (1990–2021) OK 10 (1985–2016) PA 9 (1953–2015) MN 9 (1982–2018) ID 9 (1911–2011) TN 8 (1967–2015) MI 8 (1974–2021) WV 8 (1983–2017) OR 8 (1891–2012) AK 7 (1981–2012) CT 7 (1931–2015) MT 6 (1957–2008) DE 6 (1996–2025) NM 6 (1979–2023) WY 5 (1963–2022) AR 5 (1918–1998) MS 5 (1979–2010) AL 5 (1997–2023) NV 4 (1978–2014) DC 4 (1955–2010) UT 3 (2013–2026) NE 3 (1983–2018) RI 2 (2001–2004) SC 2 (1967–1975) NC 2 (2022–2022) HI 2 (2007–2008)

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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