Highlights from Current Issue
• Court of Civil Appeals reverses trial court’s grant of new trial in automobile accident case holding that original jury verdict which only awarded plaintiff $100 in damages was
supported by the evidence.
• Court of Civil Appeals reverses trial court’s grant of summary judgment based on application of statute of limitations; Court holds that savings clause in statute governing the time for filing a fraud action precluded entry of summary judgment.
• Court of Civil Appeals rejected plaintiff’s spoliation of evidence complaint where defendant was not under notice of plaintiff’s claim when the surveillance video which depicted plaintiff’s fall was taped over during the defendant’s regular course of business.
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Judge delays Mike Hubbard ethics trial until March
Lee County Circuit Judge Jacob A. Walker today postponed House Speaker Mike Hubbard's ethics trial until March. Attorneys for Hubbard asked for the delay of the trial, which had been set for Oct. 19.
Mobile County prosecutor appointed district judge
Jill Phillips, an aggressive prosecutor who has helped send four murderers to death row, has a new legal career. Alabama Gov. Robert Bentley appointed her on Friday to be the new Mobile County District Court judge. Phillips, a Mobile County Assistant District Attorney, starts the job on Monday.
Federal judge temporarily blocks rule that had halted abortions at Tuscaloosa clinic
U.S. District Judge Myron Thompson has issued a temporary restraining order blocking enforcement of a state regulation that had halted abortions at a Tuscaloosa clinic. Thompson blocked a rule requiring abortion clinics to have a contract with a physician who has hospital admitting privileges.
Alabama rest area gun ban ended by Gov. Robert Bentley
Gov. Robert Bentley today ordered the Alabama Department of Transportation to end its policy banning guns in highway rest stops. DOT spokesman Tony Harris said the agency is in the process of removing the signs and will have them removed by Saturday morning.
Adoption finalized for Mobile couple at the heart of Alabama's gay marriage debate
Nine years later, Khaya Searcy has two legal parents. On Friday, retired Baldwin County Circuit Court Judge James Reid granted the adoption for Cari Searcy in Mobile County Probate Court. His approval of the measure ended a winding and politically fraught legal battle for Searcy and her wife Kim McKeand, Khaya's biological mother.
Judge dismisses remaining tax charge against Mobile County License Commissioner Kim Hastie
Mobile County License Commissioner Kim Hastie and her husband John are officially in the clear. On Monday, U.S. District Judge Kristi K. DuBose dropped the remaining tax fraud charges against the Mobile County power couple.
Alabama tightens law restricting mentally ill from buying guns
A bill passed by the Alabama Legislature this year tightened the law intended to keep some people with mental illnesses from obtaining guns. House Bill 47, by Rep. Chris England, D-Tuscaloosa, will require probate judges to report to law enforcement every person involuntarily committed.
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To learn details about some of the more notable decisions of 2008