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Legal Developments

Headlines

• New regulations for the Family Medical Leave Act (FMLA) took effect on March 8, 2013.
• School board can terminate teacher.
• Government Contractors: Beware the WARN Act.
• New laws affecting education passed by Alabama Legislature.
• Grand jury witnesses are entitled to immunity.
• Alabama agency has to pay damages to Iraqi war veteran under USERRA.
• Under workers' compensation, employer entitled to funds paid to employee by third parties.
• Insurance company does not have to reveal everything plaintiff requested.
• Building Code can't be adopted by state fire marshal for general construction issues.
• Nursing homes can't make a relative responsible for payment as condition of admission.
• Employee entitled to compensation because of the going-and-coming rule.
• Under the Open Meetings Act, sending an e-mail message does not constitute having a meeting.
• Failure to follow HUD loss-mitigation procedures will not stop ejectment.
• Supreme Court voids PACT settlement.
• E-Verify now required for all Alabama employers.
• Jury gets to decide who is telling the truth in police-dog case.
• Failure to reveal prior medical conditions doesn't always prevent recovery under Workers' Compensation Act.
• Substantial-evidence rule applied to overrule circuit court’s finding of work-related injury.
• Guardianship and conservatorship proceedings can’t be transferred to circuit court.
• Restrictive covenant not enforceable because of ambiguity.
• Deputy sheriff has state immunity when he shoots dog in self defense.
• Transexual in transition can’t be fired because boss thinks it’s unnatural.
• Retailer denied sales-tax refund under bad-debt regulation.
• Woman incorrectly convicted of criminal contempt.
• Systems analyst employed by community college can be terminated without hearing.
• Junior college president not covered by the Fair Dismissal Act.
• Under Teacher Accountability Act, principal’s contract can be cancelled.
• When employer is special employer, Workers’ Compensation Act provides only remedy for employee.
• Undue influence of son over father warrants cancellation of deeds.
• Court’s ruling about medical causation trumps doctors’ opinions.
• German hospital can’t be used in Madison County Court.
• Worker entitled to panel of four physicians.
• Deputy sheriff immune from claims of injured motorist.
• New trial granted in fraudulent suppression invovling funeral home.
• Montgomery County Circuit Court doesn’t have jurisdiction over bingo machines.
• Divorce can’t be granted because couple wasn’t common-law married.
• Bank can require employee to take lie-detector test, but has to make sure he knows about his COBRA rights.
• Shots are fired in property dispute over use of road.
• City council and school board battle over investigation into school board’s activities.
• Boundary-line tree is only temporarily saved from the woodman’s ax.
• Firm’s client receives summary judgment in cybersquatting case.
• Alabama legislature passes Students First Act.
• New regulations under the Americans With Disabilities Act went into effect of May 24, 2011.
• Wokers’ compensation benefits for damages from tornadoes.
• Third parties may file retaliation claims for discrimination.
• Alabama Board of Dental Examiners does not qualify for state immunity.
• School board can terminate teacher after all.
• Court turns a deaf ear to appeal of decision by volunteer organization.
• Circuit court misinterprets appellate court’s ruling in employment-contract case.
• Truck driver found contributorily negligent as a matter of law.
• Doctor having sex with minor patient qualifies as tort of outrage.
• Tale of two sisters, a quitclaim deed, and a suit to quiet title.
• Father and son dispute proceeds from lease.
• Fried chicken causes stomach upset.
• Heir does get to contest her mother’s will in circuit court.
• Foot injury results in total permanent disability under Workers’ Compensation Act.
• Employers must withhold FICA taxes for medical residents.
• Business fails to prove case of trade-name infringement.
• Landowner must provide neighbor a right of way.
• Settlement in workers’ compensation case does not address all possibilities when setting up an MSAT.
• Birmingham police officer properly dismissed for prying open a locked storage bin.
• Temporary employee’s injuries covered under Workers’ Compensation Act.
• Employer’s appeal in workers’ compensation case denied because circuit court fails to make detailed findings of fact and conclusions of law.
• Electronic technicians can’t compel church to arbitrate dispute over payments.
• Appeal denied because doctor didn’t file within time limits.
• Tenants fail to prove retaliatory eviction.
• Failing to appear in court to defend yourself leads to having to pay money because of default judgment.

Items on this web page are general in nature. They cannot—and should not—replace consultation with a competent legal professional. Nothing on this web page should be considered rendering legal advice.

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