Justia Alabama Supreme Court Opinion Summaries

The State of Alabama appealed a circuit court order that dismissed the State's claims seeking injunctive and declaratory relief "to abate a public nuisance of unlawful gambling," pursuant to section 6-5-120, Ala. Code 1975, against some, but not all, of the defendants. The circuit court certified its order as final pursuant to Rule 54(b), Ala. R. Civ. P. However, we determine that the order was not appropriate for Rule 54(b) certification; therefore, the Alabama Supreme Court dismissed the appeal. View "Alabama v. Epic Tech, Inc., et al." on Justia Law

Plaintiff Jeremy K. Hon appealed the grant of summary judgment in favor of defendants Kevin Duane Hon, individually and as trustee of the Jeremy K. Hon Irrevocable Family Trust ("the Trust"), Emily Louise Hon Castellanos, and Jason Jeremy Hon. Jeremy K. Hon and Lynda L.B. Hon were married and had three children -- Kevin Duane Hon, Emily Louise Hon Castellanos, and Jason Jeremy Hon. In 2012, plaintiff signed an agreement creating the Trust. Over time, plaintiff transferred assets to the Trust, including his and Lynda's principal Alabama residence; a condominium in New York; his 50% interest in L&L Enterprises LLC; and over $1,000,000 in cash and securities. Lynda died in 2017, and Kevin succeeded her as the sole trustee of the Trust. In 2018, plaintiff filed a complaint against Kevin, individually and as trustee of the Trust, Emily, and Jason seeking rescission of the Trust agreement. Plaintiff alleged he had signed the Trust agreement based on "his mistaken understanding of the effects thereof"; that he had "transferred assets to the Trust based on his mistaken understanding of the effects of the Trust Agreement"; and that, "due to mistake, the Trust Agreement does not accomplish his intent." He also alleged that he had paid amounts on behalf of the Trust that "the Trust, in equity and good conscience, should be required to repay" to him and that the Trust "has received and retained an improper benefit ... and has been unjustly enriched." The Alabama Supreme Court affirmed, finding plaintiff did not present any evidence to establish that Lynda had engaged in any fraudulent or inequitable conduct that resulted in his alleged misunderstanding, and he did not present any evidence indicating that Lynda had been aware of his alleged misunderstanding. Also, the plaintiff did not present substantial evidence to establish that the mistake was not mixed with his own negligence. “Rather, by his own testimony, the plaintiff admitted that he did not read the Trust agreement before he signed it; that he might have skimmed the Trust agreement; that he did not ask Burwell any questions about the provisions of the Trust; and that he instead relied on comments made by his business partner about the effects of his own separate trust.” View "Hon v. The Jeremy K. Hon Irrevocable Family Trust, et al." on Justia Law

TitleMax of Georgia, Inc., and its parent company, TMX Finance LLC ("TMX"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Talladega Circuit Court to vacate its order denying their motion to dismiss them as parties to the underlying action commenced against them and others by Phallon Billingsley and to enter an order dismissing them from the action based on the trial court's lack of personal jurisdiction over them. This case started over the repossession of a 2005 Range Rover. In December 2014, the individual who owned the vehicle at that time allegedly entered into a "pawn ticket" agreement with TitleMax of Georgia pursuant to which the owner borrowed money from TitleMax of Georgia and provided TitleMax of Georgia a security interest in the vehicle. In 2016, Billingsley purchased the vehicle from a dealer in Georgia, with financing from Coosa Pines Federal Credit Union ("Coosa Credit"), and received a certificate of good title. In 2014, after a "perceived" default on the "pawn ticket" agreement by the vehicle owner, TitleMax of Georgia authorized a vehicle-repossession company to take possession of the vehicle when it was located in Virginia in 2019. TitleMax of Georgia asked Insurance Auto Auctions Corp. ("IAA") to sell the vehicle; when the vehicle ultimately reached Billingsley, it was damages and inoperable. It was unclear when the damage to the vehicle occurred. Billingsley sued all entities involved in the sale and delivery of the repossessed vehicle; TitleMax of Georgia was added as a party in an amended complaint. The Alabama Supreme Court granted TitleMax of Georgia’s petition, finding there was no evidence to support a finding that an agency relationship existed between either TitleMax of Georgia or TMX and IAA or Attention to Detail (the transport company). View "Ex parte TitleMax of Georgia, Inc., and TMX Finance LLC." on Justia Law

This case involved a wrongful-death claim filed by Michael Rondini ("Rondini"), as personal representative of the estate of Megan Rondini ("Megan"), to recover damages for the death of his daughter Megan, who committed suicide almost eight months after she was allegedly sexually assaulted while enrolled as a student at the University of Alabama. Rondini sued Megan's alleged assailant, Terry Bunn, Jr., in the United States District Court for the Northern District of Alabama, Southern Division, claiming that Bunn's alleged sexual assault and false imprisonment of Megan proximately caused her death. After Bunn moved for summary judgment, the federal court certified a question to the Alabama Supreme Court on whether Rondini's wrongful-death claim was viable under Alabama law. Both Rondini and Bunn framed their arguments around the Alabama Supreme Court's decision in Gilmore v. Shell Oil Co., 613 So. 2d 1272 (Ala. 1993). The Alabama Supreme Court responded by stating suicide would not, as a matter of law, absolve an alleged assailant of liability. “The statement in Gilmore that suicide is unforeseeable as a matter of law, was made in the context of a negligence case and does not apply in an intentional-tort case involving an allegation of sexual assault. … traditional negligence concepts like foreseeability and proximate cause, which form the backbone of the negligence analysis in Gilmore, have a more limited application in intentional-tort cases.” The Court held that a wrongful-death action could be pursued against a defendant when there is substantial evidence both that defendant sexually assaulted the decedent and that the assault was a cause in fact of the decedent's later suicide. “In such cases, it is unnecessary to analyze whether the decedent's suicide was a foreseeable consequence of the sexual assault; liability may attach without regard to whether the defendant intended or could have reasonably foreseen that result.” View "Rondini v. Bunn" on Justia Law

Laura Register appealed the grant of summary judgment entered in favor of Outdoor Aluminum, Inc., as to her claim alleging retaliatory discharge. Register worked as a laborer for Outdoor Aluminum. As part of her employment, Register laid out metal material, drilled or punched holes in the material, and deburred and cut the material. Register punched holes in the metal material with a hydraulic-press machine. The hydraulic press became misaligned and was not punching through the metal. When Register attempted to fix the press, the press exploded, causing a two-inch long and half-inch thick piece of metal to strike Register on the head above her right eye and temple. Register reported the incident to her supervisor, Roger Wise. As a result of the incident, Register's neck and head were injured and she had headaches, blurred vision, dizziness, balance problems, and pain. Register sought workers' compensation benefits and medical treatment from Outdoor Aluminum. Approximately a year after Register’s accident and subsequent medical treatments, Outdoor Aluminum management expressed concern with the length of Register’s rehabilitation. In June 2017, a nurse case manager reported to Outdoor Aluminum that Register had been released to full duty with zero impairment by one doctor; by July, Register had not returned to work under advice of another doctor. Because she had not returned to work, and based on the nurse case manager’s report, Outdoor Aluminum terminated Register. In 2018, Register sued Outdoor Aluminum seeking workers' compensation benefits and damages for retaliatory discharge. The parties engaged in discovery. In May 2020, Outdoor Aluminum moved for summary judgment, arguing Register could not show that her workers' compensation claim was the sole motivating factor behind the termination of her employment. The Alabama Supreme Court reversed, finding Register presented substantial evidence that there were genuine issues of material fact that should have been resolved by a jury. View "Register v. Outdoor Aluminum, Inc." on Justia Law

Jefferson County ("the county") filed a complaint against Wilbert of Birmingham, LLC ("Wilbert"), Lisa D. Turner, and Marvin Lands ("the taxpayers") seeking an order requiring the taxpayers to pay various taxes and license fees they allegedly owed to the county. The circuit court ruled in favor of the county and ordered the taxpayers to pay to the county $112,728.96 plus accrued interest and court costs. The taxpayers appealed. The merits of the circuit court's ruling were not actually before the Alabama Supreme Court in this appeal. Instead, the issue raised in the taxpayers' brief was whether the circuit court obtained jurisdiction over the matter pursuant to the Alabama Taxpayers' Bill of Rights and Uniform Revenue Procedures Act, 40-2A-1 et seq., Ala. Code 1975 ("the TBOR"). The Supreme Court found the taxpayers demonstrated that, by failing to schedule a conference with the taxpayers concerning the preliminary assessments, the county's department of revenue did not strictly comply with the procedural requirements of the TBOR. That failure to strictly comply with the procedural requirements of the TBOR deprived the circuit court of jurisdiction over the county's action against the taxpayers, and, thus, the order entered in favor of the county was void. Therefore, the Supreme Court dismissed the taxpayers' appeal and instructed the circuit court to vacate its judgment in favor of the county and to dismiss the case. View "Wilbert of Birmingham, LLC, et al. v. Jefferson County" on Justia Law

Edward Wrenn ("Edward") and David Wrenn ("David") petitioned the Alabama Supreme Court for a writ of mandamus to direct a circuit court to vacate an order requiring Edward and David to disclose their personal income-tax returns to plaintiff Jeffrey Wright, and to enter a protective order shielding the tax returns from production. Wright alleged he contracted with A-1 Exterminating Company, Inc. ("A-1 Exterminating"), for periodic termite treatments of his house. Over the course of several decades of treatments, Wright says, A-1 Exterminating used a "watered-down pesticide so weak that it may only kill ants and 'maybe' spiders." A-1 Exterminating allegedly concealed this practice from him. As a result, Wright contended his house was infected with and damaged by termites. Wright sued Edward, David, A-1 Exterminating, A-1 Insulating Company, Inc., and Wrenn Enterprises, Inc., alleging breach of warranty, breach of contract, negligence and wantonness. Wright sought to represent a class consisting of himself and other A-1 Exterminating customers allegedly harmed by defendants' actions. In support of his request to certify a class, Wright alleged that a "limited fund" existed that would support a class action under Rule 23(b)(1)(B), Ala. R. Civ. P. The Supreme Court held that for tax returns to be discoverable, they must be highly relevant, the litigant seeking their disclosure must show a compelling need for them, and their disclosure must be clearly required in the interests of justice, and that those standards have not been met in this case. Accordingly, the Court granted the petition and issued the writ to direct the trial court vacate its order requiring disclosure of the tax records. View "Ex parte Edward Wrenn & David Wrenn." on Justia Law

This case presented an issue of first impression for the Alabama Supreme Court: whether a noncompetition agreement executed ancillary to the sale of a business terminates upon the death of the individual subject to the covenant not to compete. The Court found that based the specific facts of this case, the noncompetition agreement here did not impose any affirmative obligations on the decedent, and was executed separately from the other agreements relating to the sale of the business. Accordingly, the Court held the noncompetition agreement did not terminate. View "Boyd v. Mills" on Justia Law

Savannah Dail and Cindy Dail ("the Dails") petitioned the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to dismiss the claims asserted against them by Brittany Jordan, in her individual capacity. In 2017, the parties were involved in an automobile accident involving several other vehicles. In 2019, Jordan filed a complaint on behalf of herself and Caden Jordan, her minor child, asserting claims of negligence and wantonness against Diane Tyner, the individual driving the automobile that collided with the rear of Jordan's automobile. In 2020, Jordan filed an amended complaint asserting additional claims against the Dails. Responding to the Dails' motion to dismiss, Jordan claimed that, although the Dails were listed on an incident and offense report concerning the accident, the report did not indicate that they were at fault and that Jordan did not learn of the Dails' fault in the accident until discovery had been conducted. The Alabama Supreme Court found that because Jordan's amended complaint did not relate back to the filing of the original complaint pursuant to Rule 15, Ala. R. Civ. P., it granted the petition and issued the writ. View "Ex parte Savannah and Cindy Dail." on Justia Law

Dalton Teal, a defendant in a pending personal-injury action, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to vacate its partial summary judgment in favor of plaintiff Paul Thomas, pursuant to which it struck Teal's affirmative defenses of self-defense and statutory immunity. Thomas, accompanied by a friend, Brian Pallante, were at a Birmingham bar when an altercation between Pallante and Teal arose on the premises. Bar staff separated the two; Pallante and Thomas left through the front door, and Teal left through the back. Following his exit, Teal waited on a nearby bench for friends who had accompanied him. Within minutes of their exit from the bar, Pallante and Thomas again encountered Teal, and Pallante allegedly initiated another confrontation. Thomas confirmed that Teal was on his back on the ground with Pallante above him, and that Pallante was obviously "getting the better of" Teal in the struggle. Teal testified that, after having been choked for approximately 15 to 20 seconds, he realized that he was not going to be able to get up and became "afraid that they were going to kill [him]." At that point, Teal drew a pistol and fired a single shot in an effort "to get them off of [him]." Teal, who indicated that his ability to aim his weapon was affected by the fact that Pallante had "[Teal's] arm pinned down," missed Pallante, at whom Teal was apparently aiming, but the shot struck Thomas in the abdomen, seriously injuring him. The Jefferson County District Attorney declined to bring criminal charges against Teal based on the conclusion that Pallante's actions had "led to the shooting that injured [Thomas]." Thomas filed a personal-injury action against Teal and other defendants. The Alabama Supreme Court determined Teal presented substantial evidence demonstrating the existence of genuine issues of material fact regarding whether he was entitled to assert the affirmative defense of self-defense to Thomas's tort claims and whether he was entitled to statutory immunity. Therefore, the trial court erred in entering a partial summary judgment striking Teal's affirmative defenses premised on a theory of self-defense. Teal's petition was granted and a writ of mandamus issued to direct the trial court to vacate its order. View "Ex parte Dalton Teal." on Justia Law