In Morrow v. Caldwell, as a matter of first impression, the Supreme Court determined that the statutory cap of the Alabama Code Section 11-47-190 does not apply to claims against municipal employees sued in their individual capacities. The Court found no language in the statute that suggests it was intended to apply to claims against municipal employees who are sued in their individual capacities. Rather, the statute was intended to protect the public funds of the municipality, not to protect municipal employees from claims asserted against them in their individual capacity.
David Eugene Files and the Interplay of Ethics and Jurisdiction
In a case that made its way to the highest level of the state court system, the Alabama Supreme Court recently presided over an appeal beginning in Walker County. This case, Ex parte David Eugene Files, centers around a Rule 32 petition for postconviction relief. Files’ petition was dismissed by the Walker circuit court, with the dismissal being affirmed by the Alabama Court of Criminal Appeals.
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Sufficiency of Evidence: Reviewing the Admissibility and Application of Evidence Through US v. Mapson
In a decision that affirms the admissibility and sufficiency of several distinct types of evidence, the U.S. Court of Appeals for the Eleventh Circuit recently presided over an appeal that found its roots in the U.S. District Court for the Northern District of Alabama.
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Are Courts Always Free to Divide Property in a Divorce?
How courts divide real property in a divorce. Learn more from Ingram Law, LLC.
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Till Death Do Us Part: Marital Property Division on Behalf of an Estate
In a case that demonstrates the limits of alimony awards, the Alabama Court of Civil Appeals recently heard the case of Larry Shearry v. Christy Spivey, as personal representative of the Estate of Charlotte Shearry.
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Fultondale Alabama Municipal Courts: Charges, Penalties, and Why You Should Seek an Attorney
You are driving home late between the hours of 10:00 p.m. and 3:00 a.m. You get pulled over because the police officer states you are driving over the line, driving too slow, have a head light out or you have a taillight out.
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The Crime of Stalking in Alabama
Another category of criminal offense in Alabama is stalking. Covered by Article 5, stalking includes offenses for stalking in the first and second degree, aggravated stalking in the first and second degree, and electronic stalking in the first and second degree.
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Navigating the Division of Marital Property: Lessons from Barbara Brown v. Ernest Brown
In a case that demonstrates the intricacies of equitable division of marital property, the Alabama Court of Civil Appeals recently presided over an appeal from the Jefferson Circuit Court in Jefferson County. The case of Barbara Brown v. Ernest Brown illustrates the importance of maintaining a clear record on appeal and emphasizes the necessity of full disclosure when dividing marital assets.
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Navigating Legal Challenges; Brett Yeiter’s Fight Against a Death Sentence
In a case illustrating the tumultuous and complicated proceedings for challenging a death sentence, the Alabama Court of Criminal Appeals recently heard the appeal of Brett Richard Yeiter v. State of Alabama, stemming from Escambia County. Yeiter’s case underscores the critical need to adhere to procedural requirements, especially in cases involving severe sentences.
read articlesTrademark Infringement: Causes of Action Under the Lanham Act
Federal trademark law is primarily governed by the Lanham Trademark Act, also referred to as the Trademark Act of 1946. The Lanham Act, codified in 15 U.S.C. §§1051 to 1127, covers a wide range of trademark issues including registration, maintenance, protection, and the creation of a federal cause of action for trademark infringement.
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