Alabama Workers' Comp Blawg

  • 13
  • May
  • 2021

Alabama Appellate Court Reverses Summary Judgment in Favor of Employer

  The Alabama Court of Civil Appeals recently released an opinion in In re: Laura Register v. Outdoor Aluminum, Inc. wherein it reversed summary judgment in favor of the emplo…

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  • 17
  • Dec
  • 2020

In Alabama Application of Collateral Estoppel Does Not Violate Right to Trial by Jury

  On December 11, 2020, the Alabama Supreme Court rendered a decision finding that collateral estoppel does not violate the constitutional right to a trial by jur…

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  • 20
  • Mar
  • 2019

Record Setting Retaliatory Discharge Verdict Upheld by Alabama Supreme Court

    On March 1, 2019, the Alabama Supreme Court issued its opinion regarding the largest retaliatory discharge jury verdict ever recorded in Alabama. Nota…

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  • 05
  • Aug
  • 2017

Alabama Supreme Court Reverses Summary Judgment in Favor of Employer in Retaliatory Discharge Lawsuit

The Supreme Court recently released its opinion in Foster v North American Bus Industries, Inc. in which it reversed the trial court’s summary judgment in favor of the employer on…

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  • 25
  • May
  • 2017

In Alabama, Excluding Workers’ Compensation from an Arbitration Agreement Does Not Exclude Retaliatory Discharge

On May 19, 2017, the Alabama Supreme Court released its opinion in SSC Selma Operating Company, LLC, d/b/a Warren Manor Health & Rehabilitation Center and SavaSeniorCare Admin…

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  • 28
  • Jul
  • 2015

Sever Alabama Tort Claims from Adjoining Workers' Comp Claim for Quick Appeal

Imperial Aluminum-Scottsboro, LLC v. Taylor Released July 24, 2015 The employee filed suit against the employer asserting a workers' compensation claim, retaliatory discharge and…

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  • 23
  • Nov
  • 2014

Recent Tenth Circuit Decision Could Have Ramifications in Workers Compensation Retaliatory Discharge Cases

The Tenth Circuit Court of Appeals recently released its decision in the case of Green v. Donahoe, No. 13-1096, 2014 U.S. App. LEXIS 14290, 2014 WL 370823 (10th Cir. July 28, 2014…

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  • 11
  • Jun
  • 2014

Mortality Tables not Admissible in this Alabama Retaliatory Discharge Case

Guyoungtech USA, Inc. v. Dees On June 6, 2014 the Supreme Court of Alabama issued a lengthy opinion covering many issues related to a Retaliatory Discharge case tried in Conecuh …

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  • 08
  • Jul
  • 2013

Alabama Supreme Court Reverses Court of Civil Appeals' Decision in Retaliatory Discharge Case

On June 28, 2013, the Supreme Court of Alabama released its opinion in the case of Ex parte Stanford D. Isbell, wherein it reversed the the Court of Civil Appeals which overturned…

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  • 23
  • Jan
  • 2012

Collateral Estoppel Does Not Work Both Ways

Hale v. Hyundai Motor Manufacturing Alabama, LLC (hereinafter HMMA) On January 6, 2012 the Alabama Court of Civil Appeals released an opinion on the issue of collateral estoppel i…

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  • 13
  • Sep
  • 2011

Arbitration Agreement Which Splits Costs of Arbitration Cannot be Modified by Trial Court

  Don Drennen v. McClung   The Alabama Supreme Court recently issued an opinion reversing a trial court’s order that modified the payment structure for costs in relation to an arb…

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  • 25
  • Mar
  • 2011

Alabama Court of Civil Appeals Affirms Retaliatory Discharge Verdict in favor of Employee

Black Creek , Inc. v. Woods The Alabama Court of Civil Appeals affirmed the Etowah County Circuit Court’s ruling in a retaliatory discharge lawsuit with no opinion in Black Creek …

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  • 19
  • Nov
  • 2010

Retaliatory Discharge Claim Survives Plaintiff's Death

Gibson v. Staffco L.L.C.:   On October 11, 2010, the Alabama Court of Civil Appeals released an opinion dealing with the survivability of a workers’ compensation retaliatory di…

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  • 03
  • Nov
  • 2010

Alabama Supreme Court Affirms Retaliatory Discharge Bench Verdict in Favor of Employee

Ex parte Ray Keith Wood: On Friday October 29, 2010, the Supreme Court of Alabama handed down a decision concerning retaliatory discharge in a workers’ compensation claim. The emp…

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  • 11
  • Sep
  • 2010

Retaliatory Discharge Claim May Proceed to Arbitration

Dillard’s Inc. v. Kenneth Gallups: On September 10, 2010, the Alabama Court of Civil Appeals released this opinion in which it considered whether a retaliatory discharge claim (th…

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  • 24
  • Aug
  • 2010

Another Successful Defense Against Retaliatory Discharge Claim

An Etowah Count Jury returned a defense verdict in a retaliatory discharge claim on September 30, 2009. At trial, the evidence revealed that the employee was working for a lawn se…

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  • 09
  • May
  • 2010

RETALIATORY DISCHARGE VERDICT REVERSED

M & J Materials, Inc. v. Isbell: On May 7, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court’s decision to deny the employer’s…

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  • 16
  • Mar
  • 2010

EMPLOYER WINS RETALIATORY DISCHARGE CLAIM ON APPEAL

Black Creek, Inc. v. Ray Keith Wood: On March 12, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed a denial of a motion for a judgment as a matte…

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  • 16
  • Mar
  • 2010

PLAINTIFF WINS RETALIATORY DISCHARGE CLAIM BUT IS AWARDED NO DAMAGES

Early last year in the Circuit Court of Etowah County, the trial judge entered judgment in favor of a plaintiff in her retaliatory discharge claim but awarded her no compensatory …

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