Highlights from Current Issue

• Court of Civil Appeals holds that an affirmative defense, such as the fact that a claim is barred by the applicable statute of limitations, is not waived when it is apparent from the face of the defendant’s responsive pleading.

• Court of Civil Appeals reverses trial court’s judgment that required employer to repay employee benefits that it had withheld based on the fact that subsequent to his workers’ compensation award, employee also started receiving disability benefits.

• Court of Civil Appeals holds that while a modification of child support should generally be retroactively applied to the date of filing, mother in this case failed to show income of the parties at all pertinent times and therefore, trial court did not err by denying retroactive application.


Legal News


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New Alabama law to end common-law marriage

The longstanding concept of common-law marriage is about to be a thing of the past in Alabama, starting next year. Gov. Robert Bentley on May 3 signed legislation that will effectively abolish common-law marriage as of Jan. 1, 2017. Those already involved in valid common-law marriages before the cutoff date will still be recognized by the state. The bill had been sponsored by Rep. Michael Jones, R-Andalusia,


Judge says Alabama must perform gay ‘marriages’

A federal judge has issued a permanent injunction against enforcing Alabama's law banning same-sex “marriage,” despite the Alabama Supreme Court’s decision upholding that law.


Alabama lawmakers meet to start Gov. Bentley impeachment proceedings

The House Judiciary Committee approved rules for impeachment proceedings against Governor Robert Bentley during its first meeting since the legislative session. House Judiciary Committee Chairman Mike Jones says that the state is in uncharted territory with the current impeachment proceedings against Governor Robert Bentley. He told CBS42 News that the last time the Alabama Legislature moved to impeach was 1915.


On June 1, to-go beer from breweries legal in Alabama

Alabama's growing craft beer industry will take another step toward the big time Wednesday as a new law takes effect allowing the state's 25 or so craft breweries to sell six packs, large bottles and other containers of beer directly to consumers. Previously, Alabama was the only state that banned such sales.

Alabama launches legal challenge against Obama’s transgender school bathroom order

Alabama has joined an 11-state legal challenge to the Obama administration’s order that schools must allow students access to restrooms and locker rooms corresponding with their “gender identity” rather than their sex, or lose federal funding.

The Supreme Court has rejected an appeal from lawyers representing Shelby County, Alabama, who tried to recover $2 million in attorney fees in a case that nullified a key part of the Voting Rights Act

The Supreme Court said Monday that it won't hear an appeal from lawyers representing Shelby County, Alabama, who tried to recover $2 million in attorney fees from the U.S. government in a case that nullified a key part of the Voting Rights Act.


Alabama Sues Federal Government Over Refugee Program

Alabama  became the second state to sue the U.S. government over refugee resettlement, accusing the Obama administration of failing to consult with states on placement of those who have fled their home countries.




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