Applies

Matkin v. Smith, 643 So. 2d 949 (Ala. 1994).

Applies

See above.

No

Springer v. Jefferson County, 595 So. 2d 1381 (Ala. 1992) (holding that a defendant is precluded from arguing another tortfeasor’s negligence unless act or omission of other tortfeasor was an intervening cause).

No

No

Contributory negligence is a defense.

Serio v. Merrell, Inc., 941 So. 2d 960 (Ala. 2006); Ex parte Goldsen, 783 So. 2d 53 (Ala. 2000).

Yes

The affirmative defense of assumption of the risk requires that the defendant prove (1) that the plaintiff had knowledge of, and an appreciation of, the danger the plaintiff faced; and (2) that the plaintiff voluntarily consented to bear the risk posed by that danger.

Pittman v. United Toll Sys., LLC, 882 So. 2d 842 (Ala. 2003).

Yes

Kelly v. M. Trigg Enter., Inc., 605 So. 2d 1185 (Ala. 1992); Banner Welders, Inc. v. Knighton, 425 So. 2d 441 (Ala. 1982).

No

Evidence of compliance with standards is admissible as to whether a product is defective, but is not a complete defense.

General Motors Corp. v. Jernigan, 883 So. 2d 646 (Ala. 2006); General Motors Corp. v. Edwards, 482 So. 2d 1176 (Ala. 1985).

None

A former provision of the Ala. Code, § 6-5-502, was held unconstitutional in Lankford v. Sullivan, Long & Hagerty, 416 So. 2d 996 (Ala. 1982).

Yes, but unclear as to whether it the defense is available beyond military equipment

Compare Pietz v. Orthopedic Equip. Co., 562 So. 2d 152 (Ala. 1989), cert. denied, 498 U.S. 823 (1990) (military equipment only) with Hanks v. Courtesy Ford Sales, Inc., 574 So. 2d 731 (Ala. 1990) (involving dump truck); see also Burgess v. Colorado Serum Co., 772 F.2d 844 (11th Cir. 1985) (finding that Alabama would not extend the government contractor defense beyond military equipment).

No restriction

No

Alabama enacted a $400,000 limit on non-economic damages awards and a $1 million total limit on medical malpractice awards; these statutes were declared unconstitutional in Moore v. Mobile Infirmary Ass'n, 592 So. 2d 156 (Ala. 1991), and Smith v. Schulte, 671 So. 2d 1334 (Ala.), cert. denied, 517 U.S. 1220 (1996). But see Ex parte Apicella, 809 So. 2d 865 (Ala. 2001), cert. denied, 534 U.S. 1086 (2002) (holding that right to jury trial under the Alabama Constitution does not restrict the Legislature from removing from the jury the unbridled right to punish) (overruling Smith v. Schulte); Mobile Infirmary Med. Center v. Hodgen, 884 So. 2d 801 (Ala. 2003) (noting erosion of support for the Moore decision but declining to revisit the opinion because the Legislature had, subsequent to Moore, chosen to enact a new law capping punitive damages rather than adopt limits on both non-economic and punitive damages awards).

No

No

Hinton v. Monsanto, 813 So. 2d 827 (Ala.  2001) (refusing to allow cause of action for monitoring when plaintiff could not show medical present injury).

Yes

In nonphysical injury cases against larger businesses:  limited to greater of three times compensatory damages or $500,000; in nonphysical injury cases against small businesses with a net worth of less than $2 million:  limited to $50,000 or 10% of net worth up to $200,000; in personal injury cases:  limited to the greater of three times compensatory damages or $1.5 million.  Limits are adjusted at three-year intervals from January 1, 2003 in accordance with the Consumer Price Index.

Ala. Code § 6-11-21.

No

No

Clear and convince evidence

Ala. Code § 6-11-20.

No

Civil actions against corporations may be brought in either the county where a substantial part of the events or omissions giving rise to the claim occurred or real property that is the subject of a claim is located; the county of the corporation's principal office in Alabama; or the country in which the plaintiff resides, or if the plaintiff is not an individual, where the plaintiff had its principal place of business when the cause of action accrued, if the corporation does business by agent in the county where the plaintiff resides. If none of the above apply, a civil action may be brought in any county in which the corporation was doing business by agent at the time of the accrual of the cause of action.

Ala. Code § 6-3-7. 

For actions arising outside of Alabama, if the defendant shows that "there exists a more appropriate forum" outside of Alabama, "taking into account the location where the acts giving rise to the action occurred, the convenience of the parties and witnesses, and the interests of justice, the court must dismiss the action without prejudice," the court may require the defendant to file with the court a consent to submit to the jurisdiction of the alternate forum, and consent to waive a defense based on statute of limitations, if the case is filed in a new forum within 60 days of dismissal.

Ala. Code § 6-5-430.

Yes

A court's order certifying a class or refusing to certify a class is appealable in the same manner as a final order to the appellate court which would have had jurisdiction over the appeal from a final order in the action.   The appeal must be filed within 42 days of the order certifying or refusing the class.  The actions of the trial court are then stayed during the pending of appeal.

Ala. Code  § 6-5-642. 

Yes

The required bond is twice the amount of the judgment in any civil appeal.

Ala. Code § 12-12-73.

In civil litigation under any legal theory involving a signatory, a successor of a signatory, or an affiliate of a signatory to the tobacco Master Settlement Agreement,  the total supersedeas bond that is required of all appellants collectively shall not exceed $125 million, regardless of the amount of the judgment. 

Ala. Code § 6-12-4.

No

Martin v. Dyas, 896 So. 2d 436 (Ala. 2004).

Defendant’s acts must cause monetary damage

Ala. Code § 8-19-10(a).

Not provided

No

Ala. Code § 8-19-10(f).

Yes

Provides for award of the greater of actual damages or $100.

Ala. Code § 8-19-10(a)(1).

No

Up to three times any actual damage, in the court's discretion.  Ala. Code § 8-19-10(a)(2).

Yes

On a finding by the court that an action or counterclaim was frivolous or brought in bad faith or for the purpose of harassment, the court shall award to the defendant reasonable attorney's fees and costs.

Ala. Code § 8-19-10(a)(3).

No

The Alabama statute does not specifically exempt acts or transactions in compliance with the regulations of an administrative agency.  It does, however, include a statement indicating that due consideration and weight shall be given to the legal interpretations of the Federal Trade Commission and the federal courts relating to § (5)(a)(1) of the Federal Trade Commission Act.

Ala. Code § 8-19-6.

Yes

Yes

"Undue or extreme physical or financial hardship" is limited to when an individual would: (1) be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver; (2) incur costs that would have a substantial adverse impact on the payment of the individual's necessary daily living expenses or on those for whom he or she provides the principal means of support; or (3) suffer physical hardship that would result in illness or disease." Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from his or her place of employment.

Ala. Code § 12-16-63(b).

Yes

Jurors have the right to one automatic postponement with a simple and convenient method of rescheduling jury service to a more convenient time within six months.

Ala. Code § §12-16-63.1.

Yes

An employer may not discharge or take any adverse employment action against an employee solely because the person serves on a jury.  Employers may not require an employee to use annual, vacation, or sick leave time for the period in which an employee serves on a jury.

Ala. Code § 12-16-8(b), 12-16-8.1(a).

Yes

Individuals may not be required to serve more than once every two years.

Ala. Code §12-16-75(b).

No

Jurors are generally summoned to serve for one week. 

Ala. Code § 12-16-70. 

N/A

Employers are required to compensate full-time employees during jury service.

Ala. Code § 12-16-8(c).

N/A

See above.

Yes

Fine of up to $300 and/or imprisonment no more than 10 days.

Ala. Code § 12-16-82.

Named as Judicial Hellholes by the American Tort Reform Association.