In 1955, the Alabama Supreme Court established a rule that loss-of-use damages in vehicle cases were recoverable only if the vehicle was repairable. Hunt v. Ward, 79 So. 2d 20, 25-26 (Ala. 1955) (the “Hunt rule”). This meant that an interested party could not recover “for both [the] total loss of an automobile and loss…
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In a significant Clean Water Act ruling, on March 4, 2025, the U.S. Supreme Court narrowed the Environmental Protection Agency’s (“EPA”) authority under the National Pollutant Discharge Elimination System (NPDES) permitting process. The decision in City and County of San Francisco v. Environmental Protection Agency, 604 U.S. ___, 145 S. Ct. 704 (2025) strikes down…
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As claim adjusters know, a thorny issue in many liability claims is whether the insured is entitled to independent counsel. Jurisdictions take three general approaches to independent counsel. In some jurisdictions, such as Mississippi, whenever a carrier is defending under a reservation of rights, the insured is entitled to independent counsel. Moeller v. American Guar….
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In JohnsonKreis Construction Company, Inc. v. Howard Painting, Inc., 2025 WL 877784 (Ala. Mar. 21, 2025), the Supreme Court of Alabama reversed a trial court’s grant of summary judgment that invalidated a proportional indemnity provision in a construction subcontract. The Court held that indemnification clauses allocating liability based on proportional fault—even in wrongful death cases…
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On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to its confidential filing process for draft registration statements. These changes aim to facilitate capital formation while maintaining robust investor protections. Evolution of Confidential Submissions The concept of confidential submissions was introduced under the Jumpstart Our Business Startups…
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On January 21, 2025, President Trump signed Executive Order 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order declared that employer policies and practices that “use dangerous, demeaning and immoral race- and sex- based preferences under the guise of so called ‘diversity, equity, and inclusion’ (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA)” violate…
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In Babin Builders and Development, Inc. v. Quinones, Babin Builders and Development, Inc. (“Babin”) appealed an order denying its motion for attorney’s fees against Appellee/Third-Party Defendant, A&T Stucco, LLC (“A&T”). Babin Builders & Dev., Inc. v. Quinones, No. 1D2022-4103, 2025 WL 467070, at *1 (Fla. Dist. Ct. App. Feb. 12, 2025). Babin, who served as…
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In November 2024, the Alabama Workers’ Compensation Organization (AWCO) hosted its Annual Seminar, a premier event for professionals involved in workers’ compensation law, claims, and medical care, bringing together industry leaders to discuss critical topics shaping the field of workers’ compensation in Alabama. Joint Presentation on the Tort of Outrage One of the seminar’s highlights…
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Effective January 1, 2025, the mileage reimbursement rate in Alabama increased to 70 cents per mile, reflecting a 3-cent rise from the previous year.
This case explores the extent of an employer’s liability for future medical benefits when a subsequent non-work-related event aggravates a prior work-related injury. Background In 2006, Patricia Dianne Arnold sustained a back injury while working for Victoryland. In 2009, the parties settled Arnold’s claim, with Victoryland paying $6,500.00, and agreeing to remain liable for future…
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