Jury awards Chinese Drywall verdict
A jury recently awarded the first judgment in favor of a homeowner involving claims arising from Chinese Drywall. Specifically, the jury awarded a Florida couple $2.4 million in compensation for the...
View ArticleUpdate: BP oil spill cases to be heard in New Orleans
A New Orleans federal judge will oversee several hundred civil lawsuits stemming from the Gulf of Mexico oil spill. Many see this as a set back for BP, which wanted the cases heard in Houston where its...
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2010 Case Law Update
Jackson v. Delphi Jackson was a case before the Alabama Court of Civil Appeals wherein the Court addressed a summary judgment in favor in favor of the defendant-employer on the grounds that the...
View ArticleSocial Media and Subpoenas
As you know from reading this blawg, I’ve always taken a keen interest in the effect of the Internet, Twitter, and Facebook–among others–in the context of a legal setting. Towards this end, here is a...
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Court Rules “Flipping” Not Covered as Employee Theft under Policy
In an issue that we are sure to see raised in the future, the Southern District of Alabama held that a corporate-insured was not entitled to insurance coverage–under the employee theft provision–for...
View ArticleSubpoenaing records from social media providers: Some Quick Thoughts
I was recently asked for my thoughts on tips for subpoenaing records from social media providers. This is still an issue in its infancy; however, several courts have begun taking up the issue....
View ArticleNew Alabama Ethics Opinion Regarding Lawyer Indemnification
The Disciplinary Commission of the Alabama State Bar has approved a formal ethics opinion concerning a lawyer’s indemnification of defendants for unpaid liens. The Opinion provides: Lawyer’s...
View ArticleCourt Upholds Jgmt. in favor of insurer in response to default judgment
Recently, in Bailey v. Progressive Spec. Ins., the Alabama Supreme Court addressed competing UM/UIM claims involving a default judgment. On June 3, 2006, the plaintiff was a passenger involved in an...
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Alabama Supreme Court Clarifies Notice Requirements
The Alabama Supreme Court recently clarified its notice procedures relative to an insured settling with the tortfeasor’s carrier. Specifically, the Court answered a certified question from the...
View ArticleA Third Option: Obtaining Social Media from the User
As discussed previously, roadblocks exist relative to a party issuing a subpoena directly to a service provider, including issues related to the SCA and whether a party has standing to object to the...
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