Justia Alabama Supreme Court Opinion Summaries

The Supreme Court of Alabama has reversed a lower court's decision in a case involving claims of defamation, invasion of privacy, and violation of the Alabama Right of Publicity Act. The lawsuit was filed by Jennifer South, individually and as administratrix of the estate of her deceased husband, Jules Pierre Gillette, against Regional Prime Television and Tommy Dwayne Hubbard. The case arose from an episode of a show titled 'Ghostly Encounters' that was filmed in a former school building where South and Gillette had lived. The episode included allegations that Gillette had a drinking problem, was paranoid, abused little boys, physically abused South, and locked her in a closet in their home. The Supreme Court found that South did not present substantial evidence to support her defamation claim and that the estate failed to prove that the use of Gillette's indicia of identity in the episode was "for the purposes of trade". The court rendered a judgment in favor of Hubbard and Regional Prime on the estate's right-of-publicity claim and South's defamation claim, and remanded the case for a new trial as to South's invasion-of-privacy and tort-of-outrage claims. View "Regional Prime Television v. South" on Justia Law

The Ohio Valley Conference ("the OVC" -- a collegiate athletic conference) appealed a judgment dismissing its official-capacity and individual-capacity claims against Randall Jones, the Chair of the Board of Trustees of Jacksonville State University ("JSU"), and Don C. Killingsworth, Jr., the President of Jacksonville State University. On February 3, 2021, JSU informed the OVC that it intended to resign its OVC membership effective June 30, 2021. OVC filed this action against JSU, Jones, and Killingsworth, seeking a declaratory judgment and alleging breach of contract -- focusing solely on JSU's failure to pay the conference-resignation fee described in Article 4.5.3 of the OVC Constitution. The complaint also asserted one count against JSU -- conversion -- focusing solely on the OVC's allegation that JSU had failed to pay $15,000 for tickets received from the OVC for the OVC's 2021 conference championship basketball tournament. The complaint also asserted two counts against JSU -- promissory estoppel and unjust enrichment -- that incorporated both the conference-resignation fee and the value of the tickets to the conference championship basketball tournament as elements of damages. The Alabama Supreme Court concluded: the OVC's claims against Jones and Killingsworth in their official capacities seeking payment for the liquidated amount of the conference-resignation fee and for the value of the tickets JSU received for the OVC's 2021 conference championship basketball tournament did not constitute claims against the State, and, therefore, they were not barred by State immunity. Accordingly, the circuit court erred in dismissing the OVC's official-capacity claims against Jones and Killingsworth. However, the Court found the OVC failed to state individual-capacity claims against Jones and Killingsworth for which relief could be granted because Jones and Killingsworth lacked any duty apart from their official positions to make the payments the OVC sought to recover and because the OVC's complaint did not supply the factual allegations necessary to support those individual-capacity claims. View "Ohio Valley Conference v. Jones, et al." on Justia Law

The Ohio Valley Conference ("the OVC") appealed a judgment dismissing its official-capacity and individual-capacity claims against Randall Jones, the Chair of the Board of Trustees of Jacksonville State University ("JSU"), and Don C. Killingsworth, Jr., the President of Jacksonville State University. The OVC was a men's and women's collegiate athletic conference that began in 1948. The OVC Constitution contained two relevant provisions concerning resignation of membership from the conference. In addition to alleging that JSU had failed to pay the conference-resignation fee described in Article 4.5.3 of the OVC Constitution, the OVC also asserted that JSU owed the conference money for tickets to certain conference championship basketball tournament tickets. JSU, Jones, and Killingsworth filed a joint motion to dismiss the OVC's complaint. With respect to the OVC's claims against JSU, defendants argued that the Alabama State Board of Adjustment ("the BOA") had "exclusive jurisdiction" over those claims. With respect to any claims the OVC asserted against Jones and Killingsworth in their official capacities, defendants argued the claims were barred by State immunity under § 14 of the Alabama Constitution. With respect to any claims the OVC asserted against Jones and Killingsworth in their individual capacities, defendants argued the OVC had failed to state a claim upon which relief could be granted, and they maintained that the claims were barred by the doctrine of State-agent immunity. The Alabama Supreme Court concluded the OVC's claims against Jones and Killingsworth in their official capacities seeking payment for the liquidated amount of the conference-resignation fee and for the value of the tickets JSU received for the OVC's 2021 conference championship basketball tournament did not constitute claims against the State, and, therefore, they were not barred by State immunity. Accordingly, the circuit court erred in dismissing the OVC's official-capacity claims against Jones and Killingsworth. However, the Court found the OVC failed to state individual-capacity claims against Jones and Killingsworth for which relief could be granted because Jones and Killingsworth lacked any duty apart from their official positions to make the payments the OVC sought to recover and because the OVC's complaint did not supply the factual allegations necessary to support those individual-capacity claims. View "Ohio Valley Conference v. Jones, et al." on Justia Law

International Creative Management Partners, LLC, d/b/a ICM Partners ("ICM"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Mobile Circuit Court to vacate its order denying ICM's motion to dismiss the action filed against it by Jordan Pardue, a minor, and Terrie Pardue, individually and as Jordan's mother and next friend (hereinafter collectively referred to as "the Pardues"), on the basis that the circuit court lacked personal jurisdiction over it and to issue an order granting its motion. ICM is a talent agency, and its clients perform at various venues across the globe. Jordan attended a concert by an ICM client, Cannibal Corpse, at Soul Kitchen Hall in Alabama. The Pardues state in their response to ICM's petition that, during the concert, "the crowd became violent and Jordan ... was thrown to the ground, suffering a spinal cord injury." The Pardues alleged in their complaint that it was, or should have been, foreseeable "that patrons attending Cannibal Corpse concerts exhibit violent behavior, including ... forming 'mosh pits' and/or dancing, running[,] jumping or otherwise physically contacting other patrons during the concert." The Pardues state that Jordan's total medical bills for treating the injuries Jordan incurred at the concert exceed $1.2 million. After review, the Supreme Court determined that other than arranging the booking of Cannibal Corpse, ICM had no involvement with the actual performance by Cannibal Corpse at Soul Kitchen Music Hall where Jordan incurred the injuries that were the basis of this action. For this reason alone it appears that ICM had no activity in Alabama giving rise to the episode-in-suit. “Moreover, assuming that ICM did engage in activity in Alabama, it does not appear that ICM's activity gave rise to the episode-in-suit.” The Court concluded the exercise of jurisdiction over ICM did not comport with fair play and substantial justice, and that ICM demonstrated a clear legal right to a writ of mandamus directing the Mobile Circuit Court to vacate its order denying ICM's motion to dismiss for lack of personal jurisdiction and to enter an order dismissing ICM from the underlying action. View "Ex parte International Creative Management Partners, LLC, d/b/a ICM Partners." on Justia Law

In 2016, the Alabama High School Athletic Association ("the Association") and its executive director, Steven Savarese, filed petitions for a writ of mandamus challenging certain conflicting circuit court orders, issued by the Geneva and the Washington Circuit Courts. The Alabama Supreme Court issued an order granting the petitions and issuing the writs. In that order, the Supreme Court upheld a decision of the Association and declared the orders of the two circuit courts to be void. A.J.K. was a student at Washington County High School, and he played high-school football for the school during the 2016-2017 school year. During the high-school football playoffs, the Association determined that A.J.K. was ineligible to participate on the football team, and, because A.J.K. had participated for the school as an ineligible player, the Association removed the school from the playoffs. At the request of interested persons and entities, the Association's decision was reviewed by both the Geneva and Washington Circuit Courts. The Geneva Court issued an order directing that the Association's decision be enforced, but the Washington Circuit Court issued an order reversing the Association's decision and prohibiting the Association from removing Washington County High School from the playoffs. The Association and Savarese then filed petitions for writs of mandamus arguing that both the Circuit Courts improperly asserted jurisdiction, and asked the Supreme Court to void the orders. In this case, the requirements needed for the Circuit Courts to properly exercise jurisdiction were not present. The Supreme Court therefore granted mandamus relief, and the playoffs proceeded accordingly. View "Ex parte Alabama High School Athletic Assn." on Justia Law

Kevin Kendrick, as director of compliance at Alabama State University (ASU), appealed the grant of summary judgment ordering him to provide The Advertiser Company d/b/a The Montgomery Advertiser ("the Advertiser") with redacted copies of each "request for reduction/cancellation of athletic financial aid" form submitted to the director involving the ASU football program since December 15, 2014. A reporter for the Advertiser initially sent a written request for the forms to the school's media relations director spoke. The media relations director to the reporter by telephone, advising the reporter that because the forms contained sensitive personal student information, the forms would be heavily redacted. The reporter emailed the media relations director stating that he would "take just the list of names of players whose scholarships have been revoked since December [2014]." Later that day, the media relations director, under advice of university counsel, informed the reporter he could not even provide a list of names, citing privacy concerns under the Family Educational Rights and Privacy Act of 1974 (FERPA). Legal counsel for the Advertiser and legal counsel for ASU exchanged correspondence regarding whether the financial aid forms were subject to disclosure. When the parties could not agree, the Advertiser filed a declaratory judgment suit and petition for a writ of mandamus to compel the records' disclosure. The Supreme Court, after review, reversed and remanded the grant of summary judgment: "We commend the trial court for its efforts to comply with both FERPA and the Open Records Act by requiring ASU to redact the requested financial-aid forms in the manner it directed. However, the release of the redacted financial-aid forms to the Advertiser would nonetheless disclose information that is protected by FERPA, and the Advertiser did not argue that the release of the redacted financial-aid forms is authorized by any other exception in FERPA. Because FERPA prohibits the very release of the redacted financial-aid forms and because FERPA takes precedence over the Open Records Act, the director is entitled to a summary judgment." View "Kendrick v. The Advertiser Company" on Justia Law