Justia Alabama Supreme Court Opinion Summaries

Joshua Rogers appealed a preliminary injunction preventing Rogers from soliciting any employees or clients of Burch Corporation, his former employer, as contractually agreed to under restrictive covenants in an employment agreement. The Alabama Supreme Court determined there was nothing justiciable concerning the preliminary injunction because the nonsolicitation clause in the employment agreement expired, at the latest, on December 6, 2019. Therefore, the case was moot and the Court dismissed the appeal. View "Rogers v. Burch Corporation" on Justia Law

James Blackman petitioned the Alabama Supreme Court for a writ of mandamus directing Judge James Patterson of the Mobile Circuit Court ("the trial court") to set aside an order setting Blackman's case for trial, to reinstate Blackman's guilty plea that the trial court withdrew sua sponte, and to proceed to sentencing Blackman on his guilty-plea convictions. Because the trial court's sua sponte withdrawal of Blackman's guilty plea subjected Blackman to double jeopardy and thus divested the trial court of jurisdiction to conduct a trial, the Supreme Court granted the petition and issued the writ. View "Ex parte James Antuam Blackman." on Justia Law

Consolidated appeals stemmed from an August 2012 transaction in which SMM Gulf Coast, LLC ("SMM"), purchased the assets of four salvage and recycling businesses in Alabama and Mississippi. After that transaction closed, Dade Capital Corporation ("Dade"), a creditor of one of the businesses whose assets were purchased by SMM, and Dade's president David Fournier, who owned stock in that same business, sued SMM, the four businesses that had sold their assets to SMM, and various individuals associated with those businesses alleging that Dade and Fournier should have received a greater share of the purchase price paid by SMM. Following a bifurcated trial, the trial court found that Dade and Fournier's claims were barred by a release agreement that Fournier executed in conjunction with the transaction and entered a judgment against them. SMM, two of the businesses that had sold their assets to SMM, and two individuals with ownership interests in those businesses subsequently moved the trial court to award them attorney fees, court costs, and litigation expenses in accordance with a prevailing-party provision in the release agreement. The trial court denied their motions, and those parties appeal, arguing that the prevailing-party provision entitles them to the requested awards and that they have not waived their right to recover the requested amounts. The Alabama Supreme Court determined that none of the reasons the trial court used as grounds for denial SMM's reimbursement motions was a proper basis for denial. Judgment was reversed and the matter remanded for the trial court to consider the evidence submitted by SMM and the appellant sellers in conjunction with their motions for reimbursement and to enter an appropriate award based on that evidence. View "Collier v. Dade Capital Corporation" on Justia Law

Calvin Barnes petitioned the Alabama Supreme Court for a writ of habeas corpus to direct the Mobile Circuit Court to vacate its orders revoking his bail and denying his motion to reinstate his bail. The Supreme Court determined the circuit court erred by basing the revocation on an unsupported and unsubstantiated belief that Barnes intended to delay his trial setting and had become a flight risk, rather than on evidence satisfying the requirements for revocation in Rule 7.5. Furthermore, the circuit court erred in denying Barnes's request to reinstate his pretrial bail -- a right to which he was entitled under the law, regardless of the heinousness of the crime he was accused of committing. Because the Supreme Court determined the circuit court acted beyond its authority, the Supreme Court granted the petition and issued the writ. View "Ex parte Calvin Barnes." on Justia Law

Clint Walters appeals from a summary judgment entered by the Montgomery Circuit Court in favor of Montgomery Police Department ("MPD") patrol officer Jessica De'Andrea and Progressive Casualty Insurance Company ("Progressive"). Walters was driving his motorcycle when he came to a complete stop at a red light. De'Andrea was traveling in her MPD police vehicle when she came to a stop directly behind Walters's motorcycle at the intersection of the Eastern Boulevard and Monticello Drive. De'Andrea testified in her deposition that she had completed her patrol shift and that she was on her way to the MPD South Central Headquarters on the Eastern Boulevard to end her shift. When the light turned green, De'Andrea saw that other vehicles were moving. She wasn't sure if Walters' brake light was intact; the officer assumed Walters was moving and proceeded to go, hitting Walters from behind. Walters alleged he suffered multiple injuries as a result of the accident, and filed an action against De'Andrea, Progressive, and State Farm Mutual Automobile Insurance Company ("State Farm"). Walters asserted claims of negligence and wantonness against De'Andrea in her individual capacity; he asserted claims for uninsured-motorist benefits against Progressive and State Farm. State Farm moved for summary judgment, attesting Walters did not have any insurance policies with State Farm in force at the time of the accident. De'Andrea moved for summary judgment, arguing she was entitled to state-agent immunity; Progressive and State Farm also moved for summary judgment, arguing that if De'Andrea was entitled to be dismissed, they too should be dismissed because Walters would not be "legally entitled to recover damages" from De'Andrea. The circuit court entered summary judgments in favor of De'Andrea, Progressive, and State Farm. The summary-judgment order did not detail the circuit court's reasons for its decision. Walters filed a postjudgment motion requesting that the circuit court alter, amend, or vacate its summary-judgment order. The postjudgment motion was denied. The Alabama Supreme Court reversed, finding De'Andrea failed to demonstrate that Walters's claims arose from a function that would entitle her to State-agent immunity. Therefore, the summary judgment in De'Andrea's favor was due to be reversed. Because Progressive's summary-judgment motion was predicated solely on the ground that Walters would not be "legally entitled to recover" uninsured-motorist benefits if De'Andrea was entitled to State-agent immunity, the summary judgment in its favor was also reversed. The case was remanded for further proceedings. View "Walters v. De'Andrea" on Justia Law

Christian Dailey, a minor, suffered a catastrophic personal injury at a day-care facility run by Resurrection of Life, Inc., d/b/a Perfect Place Christian Academy ("Resurrection of Life"). Christian's parents, Mark and Valerie Dailey, sued Resurrection of Life and its employee Latoya Mitchell Dawkins (hereinafter "the day-care defendants") on his behalf and, following a jury trial, obtained a sizable compensatory-damages award. The day-care defendants did not challenge the size of that award, but they did challenge the trial court’s refusal to grant them a new trial on the ground of juror misconduct. Because the day-care defendants were not entitled to a new trial, the Alabama Supreme Court affirmed. View "Resurrection of Life, Inc. v. Dailey" on Justia Law

Alabama imposed a license or privilege tax on tobacco products stored or received for distribution within the State ("the tobacco tax"). Under Alabama law, the Department of Revenue could confiscate tobacco products on which the tobacco tax had not been paid. Panama City Wholesale, Inc. ("PCW") was a wholesale tobacco-products distributor located in Panama City, Florida, and owned by Ehad Ahmed. One of PCW's customers, Yafa Wholesale, LLC ("Yafa"), was an Alabama tobacco distributor owned by Sayeneddin Thiab ("Thiab"). On October 10, 2018, Hurricane Michael destroyed the roof on PCW's warehouse. Department surveillance agents observed observed one of Thiab's vehicles being unloaded at two of the recently rented storage units. The day after that, agents observed one of Thiab's delivery vehicles being loaded with tobacco products from a recently rented unit following the storm. On October 23, 2018, the Department confiscated 1,431,819 cigars from four storage units leased by persons connected to Yafa and Thiab. It is undisputed that the tobacco tax had not been paid on the cigars. Ahmed filed an action against Vernon Barnett, as Commissioner of the Department, seeking a judgment declaring that the cigars were Ahmed's and that they were not subject to confiscation. The case was transferred to the Jefferson Circuit Court, PCW was substituted for Ahmed, and the parties were realigned to make the Commissioner of the Department the plaintiff and PCW the defendant in a civil forfeiture action. On PCW's motion, the circuit court entered a summary judgment in PCW's favor, ruling that the Commissioner failed to present substantial evidence that the cigars were in the possession of a retailer or semijobber, as the court believed was required by the confiscation statute. The Commissioner appealed. A divided Alabama Supreme Court reversed, concluding the circuit court erred in interpreting the confiscation statute to apply only to untaxed tobacco products in the possession of retailers and semijobbers, and because the Commissioner presented substantial evidence that the cigars were subject to confiscation under a correct interpretation of the statute, the Court reversed summary judgment and remanded for further proceedings. View "Alabama Department of Revenue v. Panama City Wholesale, Inc." on Justia Law

Justin Craft and Jason Craft appealed the grant of summary judgment entered in favor of members of the Lee County Board of Education ("the Board") and the Superintendent of the Lee County Schools, Dr. James McCoy. During July, August, and September 2016, the Board hired S&A Landscaping to perform three projects of overdue lawn maintenance at Lee County schools. S&A Landscaping was owned by an aunt by marriage of Marcus Fuller, the Assistant Superintendent of the Lee County Schools. The Crafts, who were employed as HVAC technicians by the Board, questioned the propriety of hiring S&A Landscaping for those projects. The Crafts expressed their concerns with various current and former Board members and individuals at the State Ethics Commission ("the Commission") and at the Alabama Department of Examiners of Public Accounts. Although an individual at the Commission instructed Jason Craft on how to file a complaint with the Commission, neither of the Crafts did so. During this time, McCoy, Fuller, and others suspected various maintenance employees, including the Crafts, of misusing their Board-owned vehicles and misrepresenting their work hours. To investigate their suspicions, the Board had GPS data-tracking devices installed in Board-owned vehicles being used by employees to monitor their use and the employees' activities. A review of the GPS data indicated that certain employees, including the Crafts, had violated Board policy by inappropriately using the Board-owned vehicles and by inaccurately reporting their work time. McCoy sent letters to the Crafts and two other employees, advising them that he had recommended to the Board the termination of their employment. The letters detailed dates, times, and locations of specific incidents of alleged misconduct. The Crafts were placed on administrative leave, then returned to work to custodial positions that did not require them to use Board-owned vehicles. The Crafts appealed their job transfers, arguing they had not been afforded due process. An administrative law judge determined the Students First Act did not provide an opportunity for a hearing before the imposition of a job transfer. The Crafts thereafter sued the Board members and McCoy, seeking declaratory relief based on alleged violations of the anti-retaliation provision of section 36-25-24, Ala. Code 1975, arguing that they were punished for contacting the Commission. The Alabama Supreme Court determined the anti-retaliation protection was triggered only when an employee filed a complaint with the Commission. Because it was undisputed the Crafts did not file a complaint, they were not entitled to those statutory protections. Therefore, summary judgment in favor of the Board and McCoy was affirmed. View "Craft v. McCoy et al." on Justia Law

Following an automobile accident in Lee County, Alabama between Dionne Drisker and Sean Michael Allen, Drisker sued Allen, One Bonehead Trucking, Inc. ("Bonehead"), and FedEx Ground Package System, Inc. ("FedEx"), in Macon County, where Drisker resided. The defendants sought a writ of mandamus directing the Macon Circuit Court to transfer this case to the Lee Circuit Court under the interest-of-justice prong of the forum non conveniens statute. Because the defendants demonstrated that the connection between this case and Macon County was weak and that the connection between this case and Lee County was strong, the trial court exceeded its discretion by denying the defendants' motion to transfer the case to Lee County. The Alabama Supreme Court therefore directed the trial court to transfer this case to Lee County. View "Ex parte Sean Allen, One Bonehead Trucking, Inc., & FedEx Ground Package System, Inc." on Justia Law

Deer breeders Terry Kennedy and Johnny McDonald sought to raise and hunt bigger deer by artificially inseminating whitetail deer with mule-deer semen. Whether they could do so depended on whether the resulting hybrid deer were covered by Alabama's definition of "protected game animals" in section 9-11-30(a), Ala. Code 1975. On a motion for a judgment on the pleadings, the Circuit Court concluded that, because the hybrid deer were the offspring of a female whitetail deer, they were "protected game animals," both by virtue of the inclusion in that definition of "whitetail deer ... and their offspring," and by virtue of an old legal doctrine called partus sequitur ventrem. The trial court therefore entered a judgment in favor of the deer breeders. The Alabama Supreme Court disagreed: because the modifier "and their offspring" in section 9-11-30(a) did not reach back to apply to the term "whitetail deer," and because the Latin maxim cited as an alternative theory for relief had no application in this case, the Supreme Court reversed and remanded. View "Blankenship v. Kennedy" on Justia Law