According to this report from al.com, Gov. Bentley will name his current Chief of Staff, and former Tuscaloosa County Circuit Judge, Chuck Malone as the new Chief Justice of the Alabama Supreme Court.. Former Chief Justice Cobb's resignation became effective today.
Justice Champ Lyons retired from the Alabama Supreme Court today. Jim Main, who has served on the Court of Criminal Apepals since May 2009, was appointed by Gov. Riley to finish out the remaining two years of Justice Lyons's term.
Click the link for a short article from al.com.
The Alabama Supreme Court and Court of Civil Appeals are bringing their "road show" to Birmingham. Both Courts will hear oral arguments in Birmingham, Alabama on Thursday, October 21, 2010 at the Wright Center on the campus of Samford University. The arguments are scheduled to run from 9:00 a.m. until noon. The arguments are open to the public and admission is free. If you have never seen the Court in action, it is worth checking out.
The Alabama Supreme Court released its statistics for the fiscal year ending September 30, 2010. The statistics cover the number of cases handled, the length of time cases remain pending, and some other interesting information. Click the link to view the report.
Some important changes to the Alabama Rules of Appellate Procedure go into effect on October 1, 2010. Some of the changes include:
1. Appellants no longer have to send a second copy of the record to the appellate court, rescinding Ala. R. App. P. 11(a)(4).
2. You can now file briefs via carriers other than the United States Postal Service. The new Ala. R. App. P. 25(a)(3)(A)(ii) tracks the federal appellate "mailbox" rule, allowing filing through a third party carrier if the document is given to carrier on or before due date and is filed in the clerk's office within three calendar days of the party's delivery of the document to the carrier.
3. The number of copies which must be sent to Supreme Court has changed. Now, you must send an original and nine copies (total of 10). Ala. R. App. P. 31(b).
4. The "Interim Electronic Filing and Service Rule" is now codified as Ala. R. App. P. 57.
For a complete set of the changes, click here.
I am happy to report that Alabama Appellate Watch will now be sending out e-mail alerts for our future posts.
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If you're looking for a blog that discusses cases from the New Jersey Supreme Court, New Jersey Appellate Division, and Third Circuit Court of Appeals (and who's not?), then look no further than porzioappeallaw.pbnlaw.com/. There, our friend Brian P. Sharkey of Porzio, Bromberg & Newman, P.C. posts often and well regarding important issues before those courts.
Legendary Circuit Court Judge John C. Godbold passed away on December 22, 2009 at age 89. Judge Godbold was the only person ever to serve as Chief Judge of two different judicial Circuits (5th and 11th), and was the author of the seminal piece on appellate advocacy "Twenty Pages and Twenty Minutes."
Here is a brief article from the Montgomery Advertiser: "Federal Judge Godbold dead at 89."
The Alabama Supreme Court reversed $274 million in judgments entered in favor of the state against three pharmaceutical companies - AstraZeneca PLC, Novartis AG, and GlaxoSmithKline PLC - and directed that judgment be entered in the pharmaceutical companies' favor. The state had alleged that the drug companies overcharged the State for prescription drugs for Medicaid recipients.
Novartis was represented in the appeal by Chris King, Harlan Prater, Craig Rosler, and Nikaa Jordan of Lightfoot, Franklin & White, LLC.
Click the link for an article on the case: "Alabama court rejects $274 million verdicts in drug cases" - AP
There will be an open seat on the Alabama Supreme Court for the 2010 election. Justice Patti Smith has decided not to seek re-election.
Justices Mike Bolin and Tom Parker have stated that they will seek re-election.
Click on the link to "Alabama Justice Patti Smith won't run again" for a short article from the AP via al.com.
Here is a link to an opinion piece from The Anniston Star entitled "Justice for all: The Alabama Supreme Court affects the lives of all Alabamians" about recent oral arguments before the Alabama Supreme Court.
Bills pending in the Alabama Legislature would set minimum periods that a person would have to be a licensed attorney before becoming a judge. For an article on these bills, click the link to "Experience wanted for judge jobs" from The Birmingham News, via al.com.
According to this article from the AP via al.com, Greg Shaw won the race for Justice See's seat on the Alabama Supreme Court with 50.4% of the vote. This means that Republicans will continue to hold an 8-1 majority after Juste See leaves the bench.
The article also reports that Republican Bill Thompson won re-election for the Court of Civil Appeals, and Republicans Beth Kellum and Mary Windom won seats on the Court of Criminal Appeals.
According to this article in the Atlanta-Journal Constitution, Eleventh Circuit Judge R. Lanier Anderson, III will take Senior Status at the end of January. So, the next President will have a vacancy on the Eleveth Circuit bench to fill.
Justice See's seat on the Alabama Supreme Court will be filled in the election this November. Running for the office are Democrat Deborah Bell Paseur and Republican Greg Shaw. For a short biography of the candidates, follow the link to an article entitled "Bio information on Ala. Supreme Court candidates" from the AP, via al.com.
This spring, in Hall Street Associates, LLC v. Mattel, the United States Supreme Court held that the grounds enumerated in the Federal Arbitration Act are the exclusive grounds for vacating, modifying, or correcting an arbitratin award and cannot be expanded, even by agreement of the parties. To read the reactions that some legal commentators have had to the decision, click here or here.
In Exxon Shipping Co. v. Baker, No. 07-216 (June 25, 2008), the United States Supreme Court cut the punitive damage award against Exxon arising out of the Exxon Valdez oil spill from $2.5 billion to approxinmately $500 million, and provided further guidance for the review of punitive damage awards.
Continue Reading...
The Alabama Supreme Court recently heard oral arguments in Birmingham on a case brought by several businesses against the City of Hoover and the City of Vestavia for claims arising from the flooding of Patton Creek. In Royal Automotive, Inc. v. City of Vestavia and City of Hoover, Ms. 1061313, 1071152 (Ala. May 23, 2008) , the Supreme Court affirmed the summary judgment in favor of Hoover and Vestavia. Click the link for an article on the case entitled"State Supreme Court upholds dismissal of Patton Creek flooding case" from the Birmingham News.
The Alabama Supreme Court and the Court of Civil Appeals will hear oral arguments in a special session at the Leslie Wright Center at Samford University beginning at 9:00 a.m. on April 17, 2008. For a review of the cases which will be argued, follow the link to the article "Alabama Supreme Court to hear appeal of Patton Creek flooding dispute in session at Samford University" from the Birmingham News.
The United States Supreme Court heard oral argument on a case arising out of Alabama involving voting rights. The dispute centers around the authority of the Governor to appoint someone to a vacant seat on a County Commission rather than have a special election. Click the links for articles on this case:
"High Court Tackles Ala. Voting Case" - AP
"Supreme Court hears Alabama appeal" - Montgomery Advertiser
We are very saddened by the passing of Judge Sam C. Pointer, Jr. Judge Pointer passed away the morning of March 15, 2008 at the age of 73.
Judge Pointer served as a United States District Court Judge for the Nothern District of Alabama for 30 years and rightfully earned the reputation as one of the nation's top jurists. He joined Lightfoot, Franklin & White after his retirement from the bench in the year 2000, and we were proud to call him a colleague and a friend.
For more information on Judge Pointer, please follow the link to "Lightfoot, Franklin & White Mourns the Loss of Judge Sam C. Pointer, Jr."
Former Alabama Supreme Court Justice J. Gorman Houston, Jr. will receive the Brewer-Torbert Public Service Award this week. Following are some articles on Justice Houston and the award:
"Houston to receive service award" from the Montgomery Advertiser.
"Houston will receive award" from the Eufaula Tribune.
We are proud to say that, after leaving the bench, Justice Houston became a partner at Lightfoot, Franklin & While, LLC.
In Ex parte Sacha Baron Cohen, [Ms. 1061288] (Ala. Jan. 18, 2008), the Alabama Supreme Court, in a unanimous opinion, vacated the trial court's order denying the motion to dismiss filed by Sacha Baron "Borat" Cohen and other defendants. The suit arose from the Plaintiff's participation in the film "Borat: Cultural Learnings of America for Make Benefit of Glorious Kazakhstan." The Plaintiff, an etiquette teacher featured in the film, signed a forum selection clause providing that any suit must be filed in New York.
The trial court had declared the forum selection clause invalid pursuant to Alabama's "door closing" statute because one of the signatories was not qualified to do business in Alabama. The Supreme Court vacated the order, and held that the "door closing" statute did not apply because the transaction (i.e. the film) involved interstate commerce. Therefore, the forum selction clause was valid.
Mr. Cohen and other defendants were represented by William Brooks, Banks Sewell and Gray Borden of Lightfoot, Franklin & White, LLC.
Click the links for news articles on this opinion:
"'Borat' Actors Wins Ala. Case Over Movie" - AP
"Borat has last laugh after lawsuit fails" - Sydney Morning Herald
"Court Backs Borat" - New York Times
Follow the link to an article from the Decatur Daily discussing Chief Justice Cobb's plans for changing judicial elections: "Changing method of electing judges"
As we reported yesterday, the Alabama Supreme Court issued its opinion in Exxon Mobil Corp. v. Alabama Department of Conservation and Natural Resources, Ms. 1031167 (Ala. Nov. 1, 2007), in which the Court struck the $3.5 billion punitive damage award in its entirety, and reduced the breach of contract award by approximately $11.8 million.
Follow the links for articles on this opinion...
"Exxon Wins $3.5 Billion Appeal in Alabama Fees Case" - Bloomberg
"$3.6 billion ruling rejected" - Birmingham News
"Ala. Court Cuts $3.6B Verdict Vs. Exxon" - AP
The general election is over a year away, but Justice See's announcement that he will not seek re-election is already placing the 2008 election in the news. Here are some recent articles on the upcoming election:
"See only appellate judge planning to retire"
"With See out, Alabama may have another costly Supreme Court race"
Here are the new phone and fax numbers for the Alabama appellate courts:
Alabama Supreme Court: Phone (334) 229-0700; Fax (334) 229-0522
Alabama Court of Civil Appeals: Phone (334) 229-0733, Fax (334) 229-0530
Alabama Court of Criminal Appeals: Phone (334) 229-0751; Fax (334) 229-0521
In Boyd Brothers v. State Department of Revenue, Case No. 2050675, the Court of Civil Appeals held that Boyd Brothers, and Alabama company, did not have to pay Alabama sales tax on a truck purchased in Ohiom delivered in Ohio, and was primarily used out of state. Click here for an article from the Montgomery Advertiser on this ruling.
As we stated yesterday, the Alabama Supreme Court heard arguments in the cases where the plaintiff's seek to stop the state from giving the driver's licence test in multiple languages, and instead require the state to give the test only in English. Here is an article on how that argument went.
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