Ex parte Alabama Power Company


Ex parte Alabama Power Co., et al., [Ms. 1210104, June 30, 2022] __ So. 3d __ (Ala. 2022). In a plurality per curiam opinion (Shaw, J., concurs in the result, which Bolin, J., joins; Sellers, Mendheim, and Stewart, JJ., concur in the result; Mitchell, J., concurs in the result, which Parker, C.J., and Wise, J., join), the Court issues a writ of mandamus to the Montgomery Circuit Court directing it to transfer this wrongful death action to Autauga County where the plaintiff’s decedent was electrocuted. Defendant JB Waste LLC (“JB Waste”), whose sole owner resides in Montgomery County, was added by an amended complaint. Ms. *8. The plurality opinion declines to consider the presence of JB Waste on venue because it was not a party at the outset of the action. Ms. **8-9.

Justice Shaw’s concurring opinion, joined by Justice Bolin, concludes that the action should be transferred under the interest-of-justice prong of the forum non conveniens statute because Montgomery has a weak connection with the case while Autauga County has a strong connection. Ms. **17-18.

Justice Mitchell’s concurring opinion joined by Chief Justice Parker and Justice Wise concludes that venue in actions against limited liability companies should be governed by the corporate venue statute as opposed to § 6-3-2 governing actions against individuals as held in Ex parte Miller, Hamilton, Snider & Odom, LLC, 942 So. 2d 334, 336-37 (2006). Justice Mitchell’s concurrence “encourage(s) parties to future venue disputes in actions against LLCs (and perhaps other entities) to bring these arguments to us and ask our Court to overrule the § 6-3-2 line of cases where appropriate.” Ms. *26.

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