In this state-law libel and negligence action, the Appellants—officials from New York City and various investigators hired by the City to conduct investigations in Georgia—appeal the district court’s order concluding that Georgia privilege law applies to this case and that Georgia’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute does not apply in federal court. Becaus... More...   $0 (12-19-2008 - AL)

These appeals present a host of issues arising out of litigation about whether executives of Drummond, Ltd., the Colombian subsidiary of a coal mining company in Alabama, paid paramilitary operatives to torture and assassinate leaders of a Colombian trade union, SINTRAMIENERGETICA. In 2002 and 2003, the union and several of its leaders and relatives of deceased leaders sued Drummond and its parent... More...   $0 (12-25-2008 - AL)

An opt-in class of 1,424 store managers, in a collective action certified by the district court, sued Family Dollar Stores, Inc. (“Family Dollar”) for unpaid overtime wages under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201- 219. During an eight-day trial, the Plaintiffs used Family Dollar’s payroll records to establish that 1,424 store managers routinely worked 60 to 70 hou... More...   $35576059 (12-20-2008 - AL)

Yvonne Baldwin, the former acting police chief of Prichard, Alabama sued the city on a sexual discrimination theory under 42 U.S.C. 2000e claiming that the City offered her a discriminatory contract and then retaliated against her for filing a complaint. Plaintiff claimed that Prichard discriminated against her when it offered only a two-year contract. After she rejected the offer, the city gave L... More...   $235000 (12-20-2008 - AL)

This appeal concerns the personal jurisdiction of a U.S. district court over a Taiwanese company in a suit for declaratory judgment of non-infringement and invalidity of two U.S. patents owned by that Taiwanese company. Because the plaintiffs failed to allege that the Taiwanese company purposefully directed any activities beyond merely sending notice letters at residents of the forum and that the ... More...   $0 (12-19-2008 - AL)

This appeal involves a dispute over insurance coverage. Plaintiff-Appellee Capstone Capital Corporation (“Capstone”), a real estate investment 1 trust, sued its insurance carrier Defendant-Appellant Twin City Fire Insurance Company (“Twin City”) for coverage of litigation expenses related to defending a particular lawsuit.

In moving for summary judgment, Twin City argued to the dist... More...   $0 (11-10-2008 - AL)

This appeal involves a dispute over insurance coverage. Plaintiff-Appellee Capstone Capital Corporation (“Capstone”), a real estate investment 1 trust, sued its insurance carrier Defendant-Appellant Twin City Fire Insurance Company (“Twin City”) for coverage of litigation expenses related to defending a particular lawsuit.

In moving for summary judgment, Twin City argued to the dist... More...   $0 (11-04-2008 - AL)

Neighbors of Ipsco Steel Co., now SSAB Alabama, sued it on a nuisance theory complaining about the sound of steelmaking for mental anguish and loss of the enjoyment of their property. Plaintiffs were among about 50 households in the Axis area who lived in a rural setting prior to the plant's arrival, the area had been designated as industrial by the early 1980s. Plaintiffs complained about the n... More...   $0 (10-05-2008 - AL)

The Family and Estate of Joseph Watkins sued Greatwide Dedicated Transport of Texas and, its driver, Thomas Rowell on an auto negligence theory seeking damages for the wrongful death of Mr. Watkins, age 79. Plaintiffs claimed that the semi-tractor trailer rig being driven by Rowell was being driven in excess of the speed limit by nearly thirty mph when it hit Mr. Watkin's car at the intersection ... More...   $1000000 (10-05-2008 - AL)

The Justice Department announced today that it has reached a settlement with First Lowndes Bank in Lowndes County, Ala., resolving allegations that the bank engaged in a pattern or practice of discrimination against African-American customers by charging them higher interest rates on manufactured housing loans, in violation of the Fair Housing Act (FHA) and Equal Credit Opportunity Act (ECOA).
... More...   $185000 (09-29-2008 - AL)

Sherry Knowles sued Macon County Greyhound Park d/b/a VictoryLand on fraud and breach of contract theories claiming that defendant wrongfully refused to pay off on May 2, 2006 when the bingo machine she was playing displayed a jackpot of about 41 million credits.

VictoryLand claimed the jackpot display was a malfunction and never paid Knowles for the credits. VictoryLand machines have sign... More...   $10000000 (09-06-2008 - AL)

This appeal presents the question whether a complaint about conduct regulated by the Medicare Act filed in a state court may be removed to a federal court. Seven individual beneficiaries of the federal Medicare program filed a complaint against Healthspring of Alabama, Inc., the administrator of a Medicare Advantage health-insurance plan. Healthspring removed the case to a federal court and assert... More...   $0 (09-02-2008 - AL)

Kevin Danley was arrested for driving under the influence and was taken to jail. While there he had a disagreement with some of the jailers after he was made to use a dirty toilet without any toilet paper. Because Danley failed to obey one of the jailer’s orders during the disagreement, another jailer pepper sprayed him. Although pepper spray is an accepted non-lethal means of controlling unruly... More...   $0 (08-23-2008 - AL)

This diversity case involves a commercial real estate lease and a proposal by the assignee of that lease to sublease the real estate to a third party. A significant issue in this case arises out of a consent clause in the assignment, which gives the assignor “sole discretion” to withhold consent to the assignee’s proposed sublease. We certify this issue to the Alabama Supreme Court because i... More...   $0 (07-31-2008 - AL)

Alvarene Butler is black and Karen Stacey is white. They both worked for the Alabama Department of Transportation. One work day in January of 2005 they were going to lunch together. Stacey was driving a pickup truck, and Butler was the only passenger.

On the way to lunch, the truck collided with another vehicle, which was driven by a black male. After the collision, Stacey turned to Butler ... More...   $0 (07-31-2008 - AL)

OSI, Inc. (OSI) appeals, for the second time, the grant of summary judgment in favor of the Government on OSI's claims relating to the Air Force's use of certain land–including, in part, land now owned by OSI–as a landfill during the 1960s, 1970s, and 1980s. OSI brought tort claims under the Federal Tort Claims Act (FTCA), claims of cost recovery under the Comprehensive Environmental Response... More...   $0 (05-05-2008 - AL)

The question presented in this case is whether an award of attorney's fees granted under 28 U.S.C. § 2412(d)(1)(A) belongs to the party or to the party's attorney. We conclude the statute unambiguously grants an award to the "prevailing party." Accordingly, we hold the award belongs, in the first instance, to the party and not the party's attorney. We therefore affirm the district court's con... More...   $0 (05-05-2008 - AL)

Georgia McCann ("McCann") has been employed as a correctional officer for the Mobile County Sheriff's Office since 1993. From 2003 until September 2005, McCan... More...   $0 (05-13-2008 - AL)

Petitioner-Appellant Gareth Baran is an Australian citizen. On February 16, 2007, he filed a petition in the Southern District of Alabama seeking the return of his minor son pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (the "Convention") and its implementing legislation, the International Child Abduction Remedies Act of 1988 ("ICARA"), 42 U.S.C. § 116... More...   $0 (05-13-2008 - AL)

The main issue in this appeal is whether a district court must allow litigants to intervene in an action based only on a speculative concern about the stare decisis effect of a decision in that action. Petitioners, 161 employees or former employees of the Tyson Foods, Inc., plant in Blountsville, Alabama, appeal the denial of their motion to intervene in an action filed by M.H. Fox, an employe... More...   $0 (03-14-2008 - AL)

Astrazeneca denied wrongdoing.... More...   $215000000 (02-22-2008 - AL)

The plaintiffs in this employment discrimination case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981, are seven employees and two former employees of Coca-Cola Bottling Co. Consolidated ("CCBCC"). In their complaint, they allege that CCBCC is maintaining a "pattern or practice" of discrimination against them and all other similarly sit... More...   $0 (02-06-2008 - AL)

The primary issue in this case is whether MEGA Life and Health Insurance Company ("MEGA") can rescind a life insurance policy issued by it on the ground that the insured overstated her income in the application for the policy. We conclude that there are genuine issues of material fact as to whether MEGA had a good faith underwriting policy which would have caused it to reject her application, ... More...   $0 (02-08-2008 - AL)

While child custody battles are all too common, it is not often that one of them finds its way into the federal courts. Those that do usually come by way of an action brought under the International Child Abduction Remedies Act, 42 U.S.C. §§ 11601–11 (ICARA), which implements the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 1343 U... More...   $0 (02-21-2008 - AL)

Forty-five years ago, "the civil rights movement swirled into Birmingham, a city whose bitter resistance to change made it a battleground." Jack Bass, Unlikely Heroes 201 (1981). Dr. Martin Luther King Jr. remarked, "If we can crack Birmingham, I am convinced we can crack the South. Birmingham is a symbol of segregation for the entire South." Id. By blood, toil, and tears, segregation was, of ... More...   $0 (01-20-2008 - AL)

This matter is before this Court on Plaintiff Vicki V. Busby's ("Busby") appeal of the district court's denial of class certification to a class of plaintiffs seeking damages arising out of Defendant JRHBW Realty, Inc.'s, d/b/a RealtySouth ("RealtySouth"), alleged violation of Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. §§ 2601, et seq. We accepted juri... More...   $0 (01-20-2008 - AL)

The two main questions in this appeal involve the timeliness of a proof of loss for an insurance policy issued under the National Flood Insurance Program and whether a related tort claim of bad faith refusal to pay is preempted by federal law. Dorothy Shuford appeals the summary judgment against her complaint regarding the denial of her claim for benefits under a Standard Flood Insurance Po... More...   $0 (12-21-2007 - AL)

Shirley Mae Brown sued Athens Clinic and Dr. William S. Pennington on a medical negligence theory for the wrongful death of her son, Douglas Kelley, who died just days after his 18th birthday after falling into a diabetic coma. Brown claimed Pennington negligently failed to diagnose and treat her son; negligently failed to order proper and necessary lab tests; negligently failed to admit him to... More...   $0 (12-15-2007 - AL)

Ray Keller, a former University of Alabama football booster, sued the NCAA claiming that the NCAA defamed him when it imposed penalties on the Crimson Tide in 2002. Keller, a timber dealer and fan whom the university severed ties with because of the probe, claimed that the NCAA slandered and libeled him during the announcement of penalties by referring to him and others as "rogue boosters," "pa... More...   $5000000 (11-30-2007 - AL)

Patricia A. Jackson appeals the district court's dismissal of her challenge to the administrative denial of her application for Supplemental Social Security ("SSI"), filed under Title XVI of the Social Security Act ("SSA"), 42 U.S.C. § 1383(c). The district court dismissed the complaint as untimely, because it was not filed within the 60-day statute of limitations, enumerated in 42 U.S.C. §... More...   $0 (11-20-2007 - AL)

Three weeks after her surgeries in Sep... More...   $0 (11-20-2007 - AL)

This appeal involves deadly force, the Fourth Amendment, and qualified immunity. Jimmie Slaton ("Deputy Slaton" or "Slaton") and Ronnie Willis ("Sheriff Willis" or "Willis") (collectively, "Defendants") appeal the district court's denial of their motion to dismiss on qualified immunity grounds this section 1983 suit arising out of the death of Bryan Long ("Long"). Dr. Robert R. Long ("Long... More...   $0 (11-16-2007 - AL)

Patricia A. Jackson appeals the district court's dismissal of her challenge to the administrative denial of her application for Supplemental Social Security ("SSI"), filed under Title XVI of the Social Security Act ("SSA"), 42 U.S.C. § 1383(c). The district court dismissed the complaint as untimely, because it was not filed within the 60-day statute of limitations, enumerated in 42 U.S.C. §... More...   $0 (11-12-2007 - AL)

Cecilia Thomas worked at Cooper Lighting, Inc. ("Cooper") on a full time basis as an assembler and floater from February 2004 until July 2005 under the ... More...   $0 (11-12-2007 - AL)

Cynthia Morrissette-Brown, a member of the Seventh-day Adventist Church, appeals the district court's entry of final judgment after a bench trial, in favor of her former employer, the Mobile Infirmary Medical Center, Infirmary Healthcare Systems ("Mobile Infirmary"), on her religious discrimination claim alleging a violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2. Morris... More...   $0 (11-12-2007 - AL)

Dollar General claimed that arthritis and age were the reasons for the surgeries.... More...   $260000 (10-13-2007 - AL)

Angela and James Edward Wade sued Mobile Infirmary and Dr. Franklin Long on a medical malpractice theory for the wrongful death of Daniel Curtis Wade who died in 2003 at age 6. Plaintiff's claimed that defendants Daniel died as a direct result of complications caused during his birth in 1996. Daniel's twin sister, who is healthy. Daniel was delivered second and was breach. Long unsuccessfully ... More...   $0 (09-05-2007 - AL)

Defendant-appellants The Coca-Cola Company ("Coca-Cola") and Broadspire Services, Inc. ("Broadspire") appeal the district court's entry of summary judgment, calculation of damages, and award of attorney's fees and expenses in favor of Plaintiff-appellee Theron Oliver.1 Oliver sought benefits under Coca-Cola's long term disability plan, and brought suit after Broadspire and Coca-Cola denied... More...   $0 (08-30-2007 - AL)

Defendant-appellants The Coca-Cola Company ("Coca-Cola") and Broadspire Services, Inc. ("Broadspire") appeal the district court's entry of summary judgment, calculation of damages, and award of attorney's fees and expenses in favor of Plaintiff-appellee Theron Oliver.1 Oliver sought benefits under Coca-Cola's long term disability plan, and brought suit after Broadspire and Coca-Cola denied... More...   $208649 (08-31-2007 - AL)

In this civil rights action, Plaintiffs Bentley West and Jerry Rainey (collectively, "Plaintiffs") appeal the district court's grant of summary judgment to Defendants Jack Tillman, Sheriff of Mobile County; James E. Owens, Deputy Warden of Mobile County Metro Jail (the "Jail"); Lt. Esther Mitchell, Supervisor of the Jail's Records Division; Bridgette Goode, Corrections Officer at the Jail... More...   $0 (08-31-2007 - AL)