shield defense (Alabama) · Go Syfert
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shield defense in Alabama

5 Alabama opinions name it 3 courts 1910–2012 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 (2)

CaseFollowedCited
Rodgers v. Hoppergreen
ala · 2000 · cited in 1 Alabama opinions naming this issue, 2012–2012
1 sentence

2012Rodgers v. Hopper, 768 So.2d 963, 968 (Ala.2000) (holding that [A]DOC is entitled to sovereign immunity under § 14, because a judgment against it would be paid from the treasury of the State).” Thus, ADOC and Thomas, in his capacity as commissioner of ADOC, are generally entitled to rely on the shield of State immunity provided by § 14.

11
United States v. Richard A. Horngreen
ca1 · 1994 · cited in 1 Alabama opinions naming this issue, 2005–2005
1 sentence

2005See also United States v. Horn , 29 F.3d 754 , 765-66 (1st Cir.1994) ("The straw that snaps the camel's back is that the appellees have offered no plausible explanation why the shield of immunity should leave the government exposed to fee awards designed as sanctions for litigation abuse, but simultaneously protect it from fees or other monetary awards routinely given to prevailing parties as virtual bonuses to reward litigatory success.

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 (7)

CaseCitedYears
cluster 251279 green
ca9 · 1960
1 sentence

1972Baird v. Koerner, 9 Cir., 279 F.2d 623 , 95 A.L.R.2d 303, 314 .

11972–1972
Baird v. Koerner green
ca9 · 1960
1 sentence

1972Baird v. Koerner, 9 Cir., 279 F.2d 623 , 95 A.L.R.2d 303, 314 .

11972–1972
People ex rel. Livers v. Hanson green
ill · 1919
2 sentences

1972Livers v. Hanson, 290 Ill. 370 , 125 N.E. 268, 270 . “[4] The shield of privilege sometimes runs counter to the law’s great purpose to ascertain the truth.

1972Livers v. Hanson, 290 Ill. 370 , 125 N.E. 268, 270 . “[4] The shield of privilege sometimes runs counter to the law’s great purpose to ascertain the truth.

11972–1972
Walker County v. Fidelity & Deposit Co. of Maryland neutral
· 1901
2 sentences

1916Law, 539; Walker County v. Fidelity & Deposit Co., 107 Fed. 851 , 47 C.

1916Law, 539; Walker County v. Fidelity & Deposit Co., 107 Fed. 851 , 47 C.

11916–1916
Lookout Mountain Iron Co. v. Lea neutral
ala · 1906
2 sentences

1910Obviously one of the legally imposed duties was that of using due care to employ a reasonably skillful and competent engineer or hoister to handle the “hoisting .drum and cable.” — Walker v. Bolling, 22 Ala. 294 ; Lookout Mountain, etc., Co. v. Lea, 144 Ala. 169 , 39 South. 1017 .

1910Obviously one of the legally imposed duties was that of using due care to employ a reasonably skillful and competent engineer or hoister to handle the “hoisting .drum and cable.” — Walker v. Bolling, 22 Ala. 294 ; Lookout Mountain, etc., Co. v. Lea, 144 Ala. 169 , 39 South. 1017 .

11910–1910
Walker v. Bolling green
ala · 1853
1 sentence

1910Obviously one of the legally imposed duties was that of using due care to employ a reasonably skillful and competent engineer or hoister to handle the “hoisting .drum and cable.” — Walker v. Bolling, 22 Ala. 294 ; Lookout Mountain, etc., Co. v. Lea, 144 Ala. 169 , 39 South. 1017 .

11910–1910
Campbell v. Lunsford neutral
ala · 1887
1 sentence

1910In this state of the case it seems clear, both on reason and authority, that whilst there ivas no privity of contract between plaintiff and defendant, and therefore no contractual duty owing from the defendant to the plaintiff in the premises, still the law imposed upon the defendant certain duties towards the plaintiff, for a breach of which, with damnifying consequences to plaintiff, the defendant cannot as a shield and defense hide behind a contract between it and another person. — 1 Sherman & Bedf. on Neg. § 116; 1 Dresser’s Employer’s Liability, § 83, pp. 363-370; Campbell v. Lunsford, 83

11910–1910

Where else courts name it

CT 31 (1985–2021) FL 19 (1931–2022) NY 14 (1875–2017) CA 13 (1947–2020) OH 11 (1942–2024) NJ 9 (1962–2005) PA 9 (1960–2021) MA 9 (1976–2025) KS 8 (1902–2013) MO 8 (1967–2021) WI 5 (1987–2013) MD 5 (1975–2019) AL 5 (1910–2012) IA 5 (1924–2005) TX 4 (1976–2024) NC 4 (1980–2025) GA 4 (1985–1997) DC 3 (1991–2025) ID 3 (1953–1989) CO 3 (1918–2023) ND 3 (1973–1992) WA 3 (1986–2018) IN 3 (1916–2014) VA 3 (1965–2014) MI 3 (1966–1992) LA 2 (1995–2000) HI 2 (1915–1999) IL 2 (1946–1986) NM 2 (2012–2012) WV 2 (1978–1991) OR 2 (1914–1971) OK 2 (2003–2012) KY 2 (1932–2012) TN 2 (2002–2003) NE 2 (1953–1982)

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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