5 Alabama opinions name it 2 courts 1987–2001 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 |
|---|---|---|
Green Oil Co. v. Hornsbygreen1 sentence2000The trial judge in his Hammond order reviewed the jury verdict, using not only the three guideposts set out by the United States Supreme Court in BMW of North America, Inc. v. Gore, 517 U.S. 559 , 116 S.Ct. 1589 , 134 L.Ed.2d 809 (1996), but also applying the factors set forth in Green Oil Co. v. Hornsby, 539 So.2d 218, 223-24 (Ala.1989), and Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986): "A. The BMW Guideposts "1. | 1 | 1 |
Pacific Mutual Life Insurance v. Haslipgreen2 sentences1996Pacific Mutual, 499 U.S. at 20, n. 9 , 111 S.Ct. at 1044 n. 9. [9] *245 I have followed the decisions of the United States Supreme Court relating to the recovery of punitive damages, including the latest decision, BMW of North America, Inc. v. Gore , which involved a punitive damages claim based on an alleged misrepresentation by a manufacturer as to repairs made to an automobile. 1996Pacific Mutual, 499 U.S. at 20, n. 9 , 111 S.Ct. at 1044 n. 9. [9] *245 I have followed the decisions of the United States Supreme Court relating to the recovery of punitive damages, including the latest decision, BMW of North America, Inc. v. Gore , which involved a punitive damages claim based on an alleged misrepresentation by a manufacturer as to repairs made to an automobile. | 1 | 1 |
Big B, Inc. v. Cottinghamgreen1 sentence1995See also Big B, Inc. v. Cottingham, 634 So.2d 999 , 1002 n. 1 (Ala.1993) (the standard for reviewing the sufficiency of the evidence on a punitive damages claim is the clear and convincing evidence 2 standard). | 1 | 1 |
Ingraham v. Wrightgreen2 sentences1987See Unified School District No. 490 v. Celotex Corp., 6 Kan.App.2d 346, 355-56 , 629 P.2d 196, 206 (1981)." Although the Colorado court was of the opinion that Ingraham v. Wright, 430 U.S. 651, 667 , 97 S.Ct. 1401, 1410 , 51 L.Ed.2d 711 (1977), supported its holding that the Excessive Fines Clause of the Eighth Amendment did not apply to a civil proceeding, I must assume that the Supreme Court of the United States will, "in an appropriate setting," address the question of whether the Excessive Fines Clause of the Eighth Amendment would apply to a civil case in which punitive damages have been 1987See Unified School District No. 490 v. Celotex Corp., 6 Kan.App.2d 346, 355-56 , 629 P.2d 196, 206 (1981)." Although the Colorado court was of the opinion that Ingraham v. Wright, 430 U.S. 651, 667 , 97 S.Ct. 1401, 1410 , 51 L.Ed.2d 711 (1977), supported its holding that the Excessive Fines Clause of the Eighth Amendment did not apply to a civil proceeding, I must assume that the Supreme Court of the United States will, "in an appropriate setting," address the question of whether the Excessive Fines Clause of the Eighth Amendment would apply to a civil case in which punitive damages have been | 1 | 1 |
Unified School District No. 490 v. Celotex Corp.green2 sentences1987See Unified School District No. 490 v. Celotex Corp., 6 Kan.App.2d 346, 355-56 , 629 P.2d 196, 206 (1981)." Although the Colorado court was of the opinion that Ingraham v. Wright, 430 U.S. 651, 667 , 97 S.Ct. 1401, 1410 , 51 L.Ed.2d 711 (1977), supported its holding that the Excessive Fines Clause of the Eighth Amendment did not apply to a civil proceeding, I must assume that the Supreme Court of the United States will, "in an appropriate setting," address the question of whether the Excessive Fines Clause of the Eighth Amendment would apply to a civil case in which punitive damages have been 1987See Unified School District No. 490 v. Celotex Corp., 6 Kan.App.2d 346, 355-56 , 629 P.2d 196, 206 (1981)." Although the Colorado court was of the opinion that Ingraham v. Wright, 430 U.S. 651, 667 , 97 S.Ct. 1401, 1410 , 51 L.Ed.2d 711 (1977), supported its holding that the Excessive Fines Clause of the Eighth Amendment did not apply to a civil proceeding, I must assume that the Supreme Court of the United States will, "in an appropriate setting," address the question of whether the Excessive Fines Clause of the Eighth Amendment would apply to a civil case in which punitive damages have been | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
West v. Founders Life Assur. Co. of Florida
green
1 sentence2001Larrimore appealed to this Court, alleging that the trial court had erred (1) in denying the JML on (a) Allison Dubose's slander claim, (b) Stuart Dubose's slander claim, and (c) Stuart Dubose's abuse-of-process claim; (2) in not granting a new trial on the ground that the verdict was against the great weight of the evidence; (3) in failing to properly charge the jury; (4) in its rulings on certain evidentiary matters; (5) in not granting a new trial on the ground of improper extraneous jury influence; (6) in allowing the plaintiffs' punitive-damages claim to go to the jury; (7) in failing to | 1 | 2001–2001 |
Fleetwood Enterprises, Inc. v. Hutcheson
green
1 sentence2001Larrimore appealed to this Court, alleging that the trial court had erred (1) in denying the JML on (a) Allison Dubose's slander claim, (b) Stuart Dubose's slander claim, and (c) Stuart Dubose's abuse-of-process claim; (2) in not granting a new trial on the ground that the verdict was against the great weight of the evidence; (3) in failing to properly charge the jury; (4) in its rulings on certain evidentiary matters; (5) in not granting a new trial on the ground of improper extraneous jury influence; (6) in allowing the plaintiffs' punitive-damages claim to go to the jury; (7) in failing to | 1 | 2001–2001 |
K.S. v. Carr
green
1 sentence2001Larrimore appealed to this Court, alleging that the trial court had erred (1) in denying the JML on (a) Allison Dubose's slander claim, (b) Stuart Dubose's slander claim, and (c) Stuart Dubose's abuse-of-process claim; (2) in not granting a new trial on the ground that the verdict was against the great weight of the evidence; (3) in failing to properly charge the jury; (4) in its rulings on certain evidentiary matters; (5) in not granting a new trial on the ground of improper extraneous jury influence; (6) in allowing the plaintiffs' punitive-damages claim to go to the jury; (7) in failing to | 1 | 2001–2001 |
BMW of North America, Inc. v. Gore
green
2 sentences2000The trial judge in his Hammond order reviewed the jury verdict, using not only the three guideposts set out by the United States Supreme Court in BMW of North America, Inc. v. Gore, 517 U.S. 559 , 116 S.Ct. 1589 , 134 L.Ed.2d 809 (1996), but also applying the factors set forth in Green Oil Co. v. Hornsby, 539 So.2d 218, 223-24 (Ala.1989), and Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986): "A. The BMW Guideposts "1. 2000The trial judge in his Hammond order reviewed the jury verdict, using not only the three guideposts set out by the United States Supreme Court in BMW of North America, Inc. v. Gore, 517 U.S. 559 , 116 S.Ct. 1589 , 134 L.Ed.2d 809 (1996), but also applying the factors set forth in Green Oil Co. v. Hornsby, 539 So.2d 218, 223-24 (Ala.1989), and Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986): "A. The BMW Guideposts "1. | 1 | 2000–2000 |
Hammond v. City of Gadsden
green
1 sentence2000The trial judge in his Hammond order reviewed the jury verdict, using not only the three guideposts set out by the United States Supreme Court in BMW of North America, Inc. v. Gore, 517 U.S. 559 , 116 S.Ct. 1589 , 134 L.Ed.2d 809 (1996), but also applying the factors set forth in Green Oil Co. v. Hornsby, 539 So.2d 218, 223-24 (Ala.1989), and Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986): "A. The BMW Guideposts "1. | 1 | 2000–2000 |
Powell v. Texas
green
2 sentences1987Powell v. Texas [ 392 U.S. 514 ], 531-32 [ 88 S.Ct. 2145, 2153-54 , 20 L.Ed.2d 1254 (1968)] (plurality opinion).' The Clause, therefore, has no application to a civil proceeding involving a punitive damages claim ancillary to a civil cause of action. 1987Powell v. Texas [ 392 U.S. 514 ], 531-32 [ 88 S.Ct. 2145, 2153-54 , 20 L.Ed.2d 1254 (1968)] (plurality opinion).' The Clause, therefore, has no application to a civil proceeding involving a punitive damages claim ancillary to a civil cause of action. | 1 | 1987–1987 |
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.