Tuesday April 25, 2017    

Highlights from Current Issue

  • Supreme Court reverses Court of Civil Appeals and holds that trial court erred by dismissing fraud action filed as part of a real estate transaction where complaint alleged sufficient circumstances regarding the fraud claims and the facts that existed to prevent the plaintiff from discovering those circumstances within the statutory limitations period.
  • Supreme Court reverses summary judgment granted in case filed under the Adult Protective Services Act, noting that said Act requires the court to give preference in making a determination to the least drastic alternative considered to be proper under the circumstances.
  • Court of Civil Appeals reverses trial court’s termination of a mother’s parental rights, holding that insufficient evidence was presented to demonstrate that the mother had failed to sufficiently adjust her circumstances to alleviate the conditions that led to the removal of the child from her custody.


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Legal News

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Key facts on the resignation of Alabama's governor

Alabama Gov. Robert Bentley resigned and pleaded guilty on the first day of a legislative hearing that could have led to his impeachment over allegations linked to his alleged affair with a longtime aide.

Birmingham law firm Bradley lays off 28

Birmingham law firm Bradley, formerly known as Bradley Arant Boult Cummings, has laid off a total of 28 people. The layoffs affect seven of Bradley's nine offices. Twenty-one out of 160 secretaries in those seven offices were affected, along with five paralegals and two other staff members.

Racial profiling bill moves step closer to becoming Alabama law

An Alabama House committee has approved a bill to prohibit racial profiling by law enforcement and require police, state troopers and sheriffs to maintain records on the race of those stopped for traffic offenses.

U.S. Attorney George Beck resigns from Alabama Middle District

U.S. Attorney George Beck of the Middle District of Alabama has announced his resignation, which was effective on Friday and came at the request of U.S. Attorney General Jeff Sessions.

The Alabama Supreme Court [official website] on Wednesday upheld [order] the September 2016 Court of the Judiciary [official website] decision [JURIST report] to suspend Chief Justice Roy Moore for violation of the Canons of Judicial Ethics [text] by issuing orders contradicting the US Supreme Court's recognition of same-sex marriage.
As of April 11, Alabama no longer grants state judges the authority to override jury recommendations in capital cases. As one of her first acts as governor, Kay Ivey signed the SB16 bill into law and put an end to judicial override in capital cases in Alabama. The move was likely a preemptive response to shifting legal tides. Had Alabama not revised itslaws, itwould likely have faced fierce and ongoing battles in court.

Last week, the Alabama state Senate voted to authorize a local megachurch to create its own independent police officers, making it the first congregation in the United States with its own “regular” police force.

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On-Site Events
2017 Conferences:
Medical Malpractice Conference for Alabama Attorneys Friday, April 28, 2017
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Alabama Discovery Disputes: How to Win the Fight for Essential Information

Jeremiah M. Hodges
Hodges Trial Lawyers, P.C.

Wednesday, April 26, 2017
2:00 p.m. to 3:00 p.m.

Medicare Secondary Payer Act: What Attorneys Must Know

J. Bryan Moseley
Moseley & Moseley

Thursday, April 27, 2017
2:00 p.m. to 3:00 p.m.

On-Demand Courses

Bad Faith Law in Alabama: What Attorneys Must Know

Best and Worst of Witness Examinations

Cellular Information in Alabama: Obtaining and Admitting in Litigation

Fundamental Principles of Will Drafting in Alabama

Implications of Alabama's New LLC Act

Special Needs Trusts in Alabama: Avoid Malpractice and be a Hero to Your Clients

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