When a contract is unambiguous, Alabama courts will apply the plain meaning interpretation to determine contract terms. The Alabama Supreme Court recently affirmed a trial court’s decision from Pike County Circuit Court denying the Defendant’s Motion to Stay Proceedings and Compel Arbitration. The parties first entered into a Licensing Agreement containing a valid arbitration […]
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FLORIDA – Arbitration – Waiver of the right
Florida’s Fifth District Court of Appeal recently affirmed a trial court’s non-final order denying a motion to compel arbitration. The Court held that the appellant had waived the right to arbitration by engaging in discovery of the merits of the underlying case. In a negligence action against an assisted living facility, the appellants filed a […]
FLORIDA – Workers’ Compensation – Independent Medical Examination
Florida’s First District Court of Appeal, in a workers’ compensation case, ruled that the claimant’s Independent Medical Examination must be excluded without proper notice. Specifically, the Court held that if notice of the IME is not provided to all parties within fifteen days of the examination, the IME must be excluded from any proceeding before […]
MISSISSIPPI – Premises Liability – Third-party assault
Howard filed a negligence action against Rolin Enterprises LLC and others after a fight outside the Claiborne County Convention Center. Two defendants filed a motion for summary judgment. The Claiborne County Circuit Court granted the motion and the Court of Appeals affirmed. It is unclear who rented the Convention Center following the Alcorn State football […]
ALABAMA – Federal Preemption
The plaintiffs filed an action in the Monroe Circuit Court seeking to quiet title to a right-of-way that had been conveyed by Alabama Railroad Company to the Monroe County Commission for use as a recreational trail. Plaintiffs argued that the Commission’s right of way over their land had been abandoned pursuant to Alabama property law. […]
ALABAMA – Default Judgments
On motions to set aside default judgments, the defendant presents the following factors: ability to present a meritorious defense; unfair prejudice; and whether the default was a result of culpable conduct. But under what circumstances must the trial court actually consider those factors? In Putnam County Memorial Hospital v. TruBridge, LLC and Evident LLC, So.2d (Ala. May 10, 2019), the […]
ALABAMA – Worker’s Compensation: major changes coming
On May 8, 2017, Jefferson County Circuit Court Judge Pat Ballard determined as unconstitutional the $220 per week cap on workers’ compensation benefits. Also, Judge Ballard found unconstitutional the 15% cap on attorney’s fees. These developments stand to affect all employers in Alabama.
FLORIDA – Exculpatory Lease Clauses Are Enforceable
In a personal injury action, Luther, Collier, Hodges & Cash, LLP won summary judgment on grounds that an exculpatory clause in a lease agreement shielded the defendant from liability. Summary judgment was upheld on appeal.
MISSISSIPPI – Premises Liability
Even where facts indicate a licensor-licensee relationship, the Mississippi landowner does not always enjoy the diminished duty afforded by that legal category. Mississippi’s premises liability law does not shield the actively negligent property owner.
LCHC Prevails In Skylight Fall
Danny Collier successfully defended Alabama property owner sued by worker who fell through skylight in warehouse roof. The billboard company’s employee fell through a skylight and suffered serious injuries. The injured plaintiff filed a personal injury lawsuit against the owner of the building, and against the owner’s tenant. After the owner filed suit against the […]