The Burr Broadcast February 2023 - Do Employee Handbooks Impose Contractual Obligations on Employers?
In Williams v. Reed, 145 S. Ct. 465 (2025), the United States Supreme Court reversed an Alabama Supreme Court decision affirming the dismissal of plaintiffs’ Section 1983 claims for lack of jurisdiction, based on the...more
The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. ...more
Carole M. Bass and Cara Koss co-authored this article. The authors have long raised as an issue the impact personhood legislation could have on assisted reproduction and, by extension, on estate and trust administration...more
How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more
The Supreme Court of Alabama (“SCt”) addressed in a November 6th Opinion a challenge to certain Alabama Department of Environmental Management (“ADEM”) rules applicable to solid waste landfills. See Ex Parte Lance R. Lefleur,...more
Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as to debts relating to construction projects, and this intent was recently...more
Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was drafted with the intent of providing construction lenders priority over materialmen as to debts relating to construction projects. This intent was...more
As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class...more
If you quit your job because of a hostile work environment, is it still “voluntary”? According to the Alabama Supreme Court’s July 12, 2019 opinion in Arnold v. Hyundai Manuf. Ala., LLC, it is. In Arnold, Hyundai hired Arnold...more
Alabama local governments are combatting revenue losses and concomitant budget issues primarily because of the loss of their sales tax base to online sellers and because of their citizens’ demand for more or increasingly...more