Highlights from Current Issue

  • Court of Civil Appeals refuses to grant mandamus relief and holds that fact that judge had an ex parte communication with a nonparty regarding the parties in a divorce action did not necessitate his recusal from the case. 
  • Court of Civil Appeals holds that trial court improperly granted motion to transfer venue where no evidence was presented to support the motion.
  • Court of Civil Appeals affirms trial court’s modification of grandmother’s visitation, holding that because the parties had agreed to the visitation in an earlier action, father’s claim to terminate visitation was precluded.


Legal News


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Alabama, 20 states sue to block Obama plan to extend overtime pay to 4 million Americans


Officials from Alabama and 20 other states have filed a lawsuit over an Obama administration rule that will extend overtime pay to more than 4 million workers. In a complaint filed in federal court in Sherman, Texas, the plaintiffs said the plan – set to take effect in December – places an undue burden on states.


Alabama legislators debated today how to use a $1 billion oil spill settlement with BP, seeking common ground on how much should go to coastal counties and how much should go to paying off state debts and to Medicaid. Senators made a key change after more than five hours of debate. 


Alabama Supreme Court upholds judicial override in capital cases


The Alabama Supreme Court has upheld the state’s capital sentencing scheme in which judges can impose the death penalty even if jurors recommend a prison sentence.


Suit Accuses Alabama of Bias in Law That Bars Some Felons From Voting


Constance Todd, 70 years old and a diligent voter in elections local and national, did not know what to make of the letter she got from the local registrar this month.


Alabama chief justice is blocked from office for a second time


Alabama Chief Justice Roy Moore has once again been blocked from his post for ethics violations stemming from his refusal to comply with court rulings on social issues.



The days of common law marriage in Alabama will soon end.


A bill passed by the Alabama Legislature earlier this year abolishes common-law marriage – a union in which people present themselves as married despite not having a formal ceremony or getting a marriage license- after Jan. 1, 2017. Common-law marriage entered into before Jan. 1, 2017 will still be valid.



Alabama’s new restrictive covenant statute became effective on Jan. 1. Recently published committee comments clarified certain provisions of the law. The following briefly summarizes the final committee comments relating to three significant provisions of the new law.  


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Attorneys' Civil Rights Update: Excessive Force, Unlawful Arrest, and More

Tuesday, November 1
2:00 p.m. to 3:00 p.m. Central 
J. Bryan Moseley, Moseley & Moseley


Unitrust: Total Return Structuring and Conversion Opportunities for the Alabama Attorney

Thursday, November 3
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Gregory Watts, Johnstone Adams LLC

Pretrial Prep: Know Your Court, Judge, Parties, and Case

Tuesday, November 15
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Stephanie Balzli, Shunnarah Injury Lawyers, PC 

Fundamental Principles of Will Drafting in Alabama

Wednesday, November 16
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Shannon Dye, Carney Dye, LLC 




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