(251) 299-0101

Reported Decisions

  • Ex parte Mobile Infirmary Association d/b/a Mobile Infirmary Medical Center, [Ms. 1170825, July 27, 2018] __ So. 3d __ (Ala. 2018).

    [Ms. 1170825, July 27, 2018] __ So. 3d __ (Ala. 2018). The Supreme Court (Stuart, C.J., and Bolin, Parker, Shaw, Main, Bryan, Sellers, and Mendheim, J.J., concur) denies yet another petition for writ of mandamus (the third petition filed in the case concerning Debra Dotson's death at Mobile Infirmary in July 2016), contending the Mobile Circuit Court erred in granting plaintiff's motion to permit substitution of a successor personal representative and in denying the Infirmary's motion to dismiss the wrongful death action premised upon an alleged want of capacity by the original personal representative to file the action.

  • Thomas Jones, on Behalf of Themselves and Others Similarly Situated, etc. v. Singing River Health Services Foundation, et al.

    [Ms. 18-60130, Aug. 6, 2018] __ Fed. Appx. __ (5th Cir. 2018) (unpublished pursuant to 5th Cir. R. 47.5). The Fifth Circuit panel unanimously affirms this $149,950,000 class action settlement agreement for members of the Singing River Health System Employees Retirement Plan and Trust for claims arising from the hospital system's failure to make annual required contributions to the Plan from 2009 to 2014 needed to maintain the Plan's fiscal integrity. The court holds that the district court, upon remand from Jones v. Singing River Health Servs. Found., 865 F.3d 285 (5th Cir. 2017), had properly addressed four questions concerning the propriety of the settlement.

  • Oasis Legal Finance, LLC v. James Marquez and Kennedy Dixon, et al.

    In Oasis Legal Finance, LLC v. James Marquez and Kennedy Dixon, et al., No. 17-90024-Q, (11th Cir. July 26, 2018), the Eleventh Circuit Court of Appeals denied without opinion the defendant’s petition for permission to appeal an order entered by the United States District Court for the Southern District of Alabama remanding this class action case to the Mobile County Circuit Court. The district court found that 28 U.S.C. § 1445(c) rendered this case non-removable despite a claim of federal subject matter jurisdiction under the Class Action Fairness Act, 28 U.S.C. § 1332(d)(2). In their response to Oasis’s Petition, plaintiffs argued that the questions Oasis presented to the Eleventh Circuit did not present an unsettled CAFA-related question likely to arise in future cases, as is required to obtain appellate review of a remand order involving a class action case.

  • Ex parte FedEx Ground Package System, Inc., Alabama Supreme Court Case No. 1170648, May 1, 2018, __ So. 3d __ (Ala. 2018

    The Supreme Court of Alabama on May 1, 2018, dismissed a petition for writ of mandamus filed by FedEx Ground Package System, Inc., in which FedEx contended the Circuit Court of Mobile County exceeded its discretion when it ordered production of documents responsive to plaintiff's discovery requests in a personal injury action. The Court rejected FedEx's contentions that its discovery obligations would be unduly burdensome.

  • Ex parte Oasis Legal Finance, LLC

    In re: James Marquez v. GNS & Associates, Inc., Oasis Legal Finance, LLC, et al, [Ms. 1170431, Ala. Mar. 22, 2018]. The Supreme Court denies a petition for writ of mandamus filed by Oasis Legal Finance, LLC, a foreign limited liability corporation not qualified to do business in the State of Alabama, which sought an order directing the Mobile Circuit Court to enforce an outbound forum selection clause. Plaintiffs alleged Oasis's so-called "purchase agreements," whereby it offered cash advances to financially vulnerable Alabamians with workers' compensation claims, were prohibited by §§ 25-5-231 and 25-5-86(2), Ala. Code 1975, parts of the Alabama Workers' Compensation Act which characterize such activities as a crime. Plaintiffs invoked § 10A-1-7.21(a), Alabama's "door-closing statute," which commands that a non-qualified foreign corporation "may not maintain any action, suit, or proceeding in any court of this State...." The Court (Stuart, C.J., and Bolin, Parker, Shaw, Main, Wise, and Bryan, JJ., concur; Sellers and Mendheim, JJ, dissent) denied the petition for writ of mandamus, without opinion, and dismissed Oasis's emergency motion for stay as moot. On May 1, 2018, Oasis Legal Finance, LLC’s application for rehearing was denied.

  • McCallan v. Wilkins

    2018 WL 1384107, __ F.Supp.3d __ (M.D. Ala. Mar. 19, 2018) (W. Keith Watkins, Chief U.S. District Judge). The U.S. District Court for the Middle District of Alabama dismisses McCallan's appeal from a U.S. Bankruptcy Court for the Middle District of Alabama order continuing McCallan's incarceration based on an earlier finding of civil contempt of court for McCallan's willful failure to comply with previous orders compelling post-judgment discovery. Having been incarcerated for contempt on October 23, 2017, McCallan sought review by the district court contending the order of continuing incarceration was a final appealable order or that he should be granted a permissive emergency appeal from an interlocutory order. The district court granted the bankruptcy trustee's motion to dismiss for lack of jurisdiction, denied McCallan's motion for leave to file an interlocutory appeal, and denied McCallan's emergency motion to expedite the appeal.

  • Dolgencorp, LLC, d/b/a Dollar General v. Deborah Revette, [Ms. 1160361, Ala. Jan. 12, 2018] __ So. 3d __ (Ala. 2018)

    The Supreme Court unanimously affirms a $1,725,000 verdict arising from a slip-and-fall at a Dollar General store in Mobile County. The jury found that Dollar General's inadequate inspection policies led to Ms. Revette's severe injuries. The evidence showed that while Dollar General stores are open 14 hours a day, Dollar General corporate policy only requires employees to devote 10 minutes each day to safety inspections. Those safety inspections are informal, undocumented, and not verified by a supervisor. Expert testimony comparing the method by which and how often the retailers in and around Mobile County conduct safety inspections made clear that Dollar General's informal policy of "visual safety checks" for 10 minutes each day was below the safety standard of care.

  • Marquez v. D.N.S. & Associates, Inc.

    2017 WL 4479365, __ F.Supp.3d __ (S.D. Ala. June 27, 2017) (Katherine P. Nelson, U.S. Magistrate Judge), affm'd 2017 WL 4477297, __ F.Supp.3d __ (S.D. Ala. Oct. 5, 2017) (Callie V.S.Granade, Senior U.S. District Judge). United States Magistrate Katherine P. Nelson enters Report and Recommendation, subsequently adopted as the Opinion of the court by Senior United States District Judge Callie V.S. Granade, remanding this class action case to the Circuit Court of Mobile County, Alabama, which alleges that Oasis Financial, LLC, enters purchase agreements with Alabama Workers' Compensation claimants whereby it advances sums of money to injured workers in exchange for the right to receive an amount determined by a formula from the proceeds that the customers received as a result of their workers' compensation claims in violation of Ala. Code §§ 25-5-231 and 25-5-86(2). The district court found that 28 U.S.C. § 1445(c) rendered this case non-removable despite a claim of federal subject matter jurisdiction under the Class Action Fairness Act, 28 U.S.C. § 1332(d)(2).

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