(251) 299-0101

Reported Decisions

  • 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).

  • Jones v. Singing River Health System, 2017 WL 4099500, __ F.Supp.3d __ (S.D. Miss., Sept. 15, 2017)

    Upon remand from the Fifth Circuit Court of Appeals for further consideration of issues related to the terms and conditions of the proposed class action settlement, Chief U.S. District Judge Louis Guirola, Jr., enters order denying the settlement objectors' motion to stay proceedings upon concluding that the objectors' motion failed to meet the requirement required for staying an appeal court's mandates specified in Rule 41(d)(2)(A), Fed. R. App. P., or 28 U.S.C. § 2101(f).

  • Deutsche Bank National Trust Company, as Trustee for the Registered Holders of Morgan Stanley ABS Capital 1 Inc., et al. v. Wilmer B. Caldwell and Sonya L. Caldwell, [Ms. 1150793, Ala. Sept. 12, 2017] __ So. 3d __ (Ala. 2017) (Table)

    The Supreme Court of Alabama on August 25, 2017 (Sellers, J., and Stuart, C.J., and Bolin, Parker, Shaw, Main, Wise, and Bryan, J.J., concur) affirm a judgment entered upon a Mobile Circuit Court jury's verdict in favor of Wilmer and Sonya Caldwell against Deutsche Bank and Ocwen Loan Servicing arising from allegations of mortgage re-financing fraud.

  • Jones v. Singing River Health Servs. Found., 865 F.3d 285 (5th Cir. July 27, 2017)., reh'g denied (No. 16-60550 (Sept. 6, 2017))

    The Fifth Circuit Court of Appeals vacates the decision of the United States District Court for the Southern District of Mississippi (Louis Guirola, Jr., Chief U.S. District Judge), approving a proposed class action settlement in consolidated lawsuits alleging that Singing River Health System underfunded its self-administered retirement plan when it stopped making actuarial­determined contributions to the Plan in 2009. After proper notice and hearing on plaintiff's motion for preliminary approval of class settlement agreement, the district court conditionally certified the proposed class as a mandatory Rule 23(b)(1), Fed. R. Civ. P., class. The district court then, after a two-day fairness hearing in May 2016 concluded on June 2, 2016, that the settlement was fair, reasonable, and adequate and not a product of collusion. The Fifth Circuit vacated the settlement and remanded the matter for consideration of four additional issues having to do with the terms and conditions of the settlement. The court held (865 F.3d at 303) "We do not hold that the settlement should not be approved, or cannot be approved as modified...."

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