Alabama Case Commentaries

Timely Objection Required to Challenge Will-Mandated “Advisory Committee” Disinheritance Determinations (Nonprecedential Rule 53 Affirmance)

Date: Apr 21, 2026

Timely Objection Required to Challenge Will-Mandated “Advisory Committee” Disinheritance Determinations (Nonprecedential Rule 53 Affirmance) 1. Introduction Case: Grant A. Banks v. Shannon P. Banks,...

Hulsey v. Build Art, LLC — Rule 54(b) Certification Improper When Identical, Factually Intertwined Claims Against Related Defendants Remain Pending

Date: Apr 20, 2026

Hulsey v. Build Art, LLC: Rule 54(b) Certification Improper When Identical, Factually Intertwined Claims Against Related Defendants Remain Pending 1. Introduction In Hulsey v. Build Art, LLC (Ala....

Interpleader Distribution Orders Are Nonfinal When Underlying Claims Remain Pending (Absent Rule 54(b) Certification)

Date: Apr 20, 2026

Interpleader Distribution Orders Are Nonfinal When Underlying Claims Remain Pending (Absent Rule 54(b) Certification) 1. Introduction In B.S.H., as mother and next friend of F.W.H., a deceased minor...

Alabama’s Shield Statute: “Inevitable Revelation” Standard for Source-Identifying Information

Date: Apr 16, 2026

Alabama’s Shield Statute: “Inevitable Revelation” Standard for Source-Identifying Information Case: The New York Times Company v. Spears (SC-2025-0370) Court: Supreme Court of Alabama Date: April 10,...

Division 4 Makes Probate Court the Exclusive Starting Forum for Post-Probate Will Contests (Wills Filed on/after Jan. 1, 2023)

Date: Mar 29, 2026

Division 4 Makes Probate Court the Exclusive Starting Forum for Post-Probate Will Contests (Wills Filed on/after Jan. 1, 2023) 1. Introduction In Carolyn Glenn v. Alisa J. Caldwell and Bonita J....

Mandatory Replenishment of Civil Strike Lists to at Least 24 Competent Jurors Under Rule 47(b)

Date: Mar 29, 2026

Mandatory Replenishment of Civil Strike Lists to at Least 24 Competent Jurors Under Rule 47(b) Case: Highland Rim Investments, LLC, and Monique Dollonne v. Kindra Cooper (and consolidated receiver...

Armour v. Southeast Alabama Medical Center: Causation Requires Non-Speculative, Similarly Situated Expert Proof When Liability Turns on Specialist Intervention

Date: Mar 25, 2026

Armour v. Southeast Alabama Medical Center: Causation Requires Non-Speculative, Similarly Situated Expert Proof When Liability Turns on Specialist Intervention Introduction In Armour v. Southeast...

Acceptance of Workers’ Compensation Benefits Triggers Exclusivity and Bars Tort Claims; Co-Employee Liability Requires Summary-Judgment Evidence of “Willful Conduct”

Date: Mar 25, 2026

Acceptance of Workers’ Compensation Benefits Triggers Exclusivity and Bars Tort Claims; Co-Employee Liability Requires Summary-Judgment Evidence of “Willful Conduct” 1. Introduction In Duke v....

Mislabeling a Contractor as an “LLC” Does Not Establish Fraud Absent Proof of Materiality, Reliance, and Proximate Damage

Date: Mar 25, 2026

Mislabeling a Contractor as an “LLC” Does Not Establish Fraud Absent Proof of Materiality, Reliance, and Proximate Damage Case: Hess v. Pecue (SC-2025-0393) | Court: Supreme Court of Alabama | Date:...

Alabama “Stop-and-Identify” Rule: § 15-5-30 Permits Demands for Physical ID to Confirm Identity After Incomplete or Unsatisfactory Answers

Date: Mar 18, 2026

Alabama “Stop-and-Identify” Rule: § 15-5-30 Permits Demands for Physical ID to Confirm Identity After Incomplete or Unsatisfactory Answers I. Introduction Jennings v. Smith arose from a May 22, 2022,...

Indictment-Based Presumption of Guilt Governs Bail Eligibility in Alabama Capital-Murder Cases Post–Aniah’s Law

Date: Mar 18, 2026

Indictment-Based Presumption of Guilt Governs Bail Eligibility in Alabama Capital-Murder Cases Post–Aniah’s Law Court: Supreme Court of Alabama Date: March 13, 2026 Matters: Ex parte Mason John...

Ex parte Brian Smith (Ala. 2026) Commentary

Date: Mar 8, 2026

Stay Pending “Arbitration-Agreement Existence” Is a De Facto Denial Appealable Under Rule 4(d), and Delegation/AAA Rules Send Nonsignatory Arbitrability to the Arbitrator Introduction Ex parte Brian...

Mandamus to Restore Dismissed Church-Property Counterclaims: Ecclesiastical-Abstention Does Not Bar Neutral-Principles Quiet-Title Adjudication

Date: Mar 8, 2026

Mandamus to Restore Dismissed Church-Property Counterclaims: Ecclesiastical-Abstention Does Not Bar Neutral-Principles Quiet-Title Adjudication Introduction This consolidated decision by the Supreme...

Schumpert v. Wallace — § 8-9-12 Annulment Applies to Revocable-Trust Property When Settlors/Trustees Bargain for Personal Support; Annulment Extinguishes Deed-Based Warranty and Fraud Claims

Date: Mar 8, 2026

§ 8-9-12 Annulment Applies to Revocable-Trust Property When Settlors/Trustees Bargain for Personal Support; Annulment Extinguishes Deed-Based Warranty and Fraud Claims 1. Introduction Schumpert v....

Forum-Selection Clauses: Movant Must Prove the Clause Is Part of the Parties’ Agreement Before Enforcement on a Venue Motion

Date: Mar 5, 2026

Forum-Selection Clauses: Movant Must Prove the Clause Is Part of the Parties’ Agreement Before Enforcement on a Venue Motion I. Introduction In Ex parte Continental Roofing Company, LLC (Ala. Feb....

Students First Act Tenure: “Employment … Effective” Means the Paid, On-Duty Start Date (Not the Offer/Agreement Date)

Date: Mar 5, 2026

Students First Act Tenure: “Employment … Effective” Means the Paid, On-Duty Start Date (Not the Offer/Agreement Date) Introduction In Smitherman v. Roberts (Ala. Feb. 27, 2026), the Supreme Court of...

Mandamus Review of Summary-Judgment Denials on Limitations Grounds When Time-Bar Is Apparent from the Complaint

Date: Mar 5, 2026

Mandamus Review of Summary-Judgment Denials on Limitations Grounds When Time-Bar Is Apparent from the Complaint Introduction In Ex parte Alfa Mutual Insurance Company and Jeffery Dimoff (Ala. Feb....

Fluorescent Markings and Construction-Zone Warnings Render Minor Elevation Changes “Open and Obvious” as a Matter of Alabama Law

Date: Mar 5, 2026

Fluorescent Markings and Construction-Zone Warnings Render Minor Elevation Changes “Open and Obvious” as a Matter of Alabama Law Case: Walter v. Branch Hays Farm SC Associates, LP Court: Supreme...

Coats v. State of Alabama — No Standing for Nominal-Party Judges to Appeal Mandamus; Circuit Mandamus to a Special Circuit Judge Is Void; Criminal-Mandamus Appellate Review Lies in the Court of Criminal Appeals

Date: Feb 24, 2026

Coats v. State of Alabama — No Standing for Nominal-Party Judges to Appeal Mandamus; Circuit Mandamus to a Special Circuit Judge Is Void; Criminal-Mandamus Appellate Review Lies in the Court of...

Weaver v. Frios Gourmet Pops, LLC — Post-Reentry Lease Damages: Enforcing Contractual “Future Rent Differential” Clauses as Liquidated Damages

Date: Feb 24, 2026

Post-Reentry Lease Damages in Alabama: Contractual “Future Rent Differential” Clauses Survive Termination of Possession 1. Introduction In Weaver v. Frios Gourmet Pops, LLC (Ala. Feb. 20, 2026), the...