Alabama Litigation Review

Alabama Litigation Review

Insights & Commentary on Developments in Alabama Litigation

Category Archives: Supreme Court of Alabama

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Should Alabama Elect Appellate Judges Differently?

Posted in Personal Injury, Supreme Court of Alabama
A recent lawsuit challenges Alabama’s state-wide method of electing appellate court judges. National Public Radio (NPR) interviewed retired Federal Magistrate Judge Vanzetta McPherson about the lawsuit. McPherson previously served the Federal Court in Montgomery. McPherson answered questions from the NPR host about the new election lawsuit. Alabama elects appellate judges in state-wide elections. The lawsuit… Continue Reading

Walmart Seeks To Delay Justice

Posted in Personal Injury, Supreme Court of Alabama, Workers' Compensation
In June, a Walmart driver slammed his truck into the limousine carrying comedians Tracy Morgan and James McNair. Morgan suffered severe personal injury. The collision killed McNair. The crash generated media discussion related to highway safety and, particularly, the safety of large commercial trucks on our roads. Morgan filed suit against Walmart seeking to recover… Continue Reading

How Should Alabama Select Judges?

Posted in Supreme Court of Alabama
In January, I wrote about the need to re-think the way we select judges in Alabama. Our costly partisan elections harm our justice system. Is Alabama’s costly system similar to most other states? The short answer is, no. A recent Washington Post article reveals that most other states pick judges through a different method. The… Continue Reading

Justice — Should Private Companies Help Enforce the Law?

Posted in Supreme Court of Alabama
An article on Alabama Live asks the question – Should Private Companies Help Alabama Cities Enforce the Law? It’s an important question. Yet, I think the discussion is much larger. Should private groups administer justice in our communities? The Alabama Live article discusses the recent developments in Harpersville, Alabama. As the article states about the… Continue Reading

Money and Politics — The Impact on Alabama’s Judicial System

Posted in Personal Injury, Supreme Court of Alabama
An opinion piece in The New York Times a few days ago highlighted the problems created by the influence of political contributions in our judicial system. The piece was titled Judicial Elections and the Bottom Line. Unfortunately, the article spotlighted Alabama as an example of this problem. In the last 10 years, Alabama has had… Continue Reading

Update — How Not To Name A Judge

Posted in Supreme Court of Alabama
In my last post, I wrote about the back room political process being used to pick Madison County’s next District Judge. As the title of that post implies, I strongly believe that Judges should be independent of party politics. As an attorney who handles cases in many counties throughout Alabama, I want to appear before… Continue Reading

Jury Size – Does it Matter?

Posted in Supreme Court of Alabama
Does the number of jurors on a panel matter?  Does it affect the fairness of the panel in deciding cases?  Moreover, does justice require a unanimous verdict?  Or, asked another way, does justice require that one lone dissenter prevent a jury panel from deciding a case?  These questions have long been debated by legal scholars. … Continue Reading

The Alabama Judicial System Continues to Face Severe Funding Threats

Posted in Supreme Court of Alabama
Yesterday, Times Daily writer Dennis Sherer addressed the looming budget cuts again facing Alabama’s judicial system.  His column, Courts Face ’10 Budget Cuts, paints a true and troubling picture of the financial problem at hand. As Dennis noted, just a few years ago, the Office of Courts had to suspend jury trials temporarily due to… Continue Reading