OPINION ON USE OF MILITARY DISABILITY BENEFITS IN DIVORCE CASE

The Alabama Court of Civil Appeals has released an opinion on the use of VA military disability benefits to calculate alimony, child support, and for determining the amount of alimony arrearage payments.  In Goldman v. Goldman # 2140488, the Court of Civil Appeals upheld current Alabama law holding that a veteran’s military disability benefits cannot […]

Federal Gun Case Reversed On Appeal

11th Circuit Sends Federal Gun Case Back For New Trial Based On Prosecutor’s Improper Comments A recent unpublished opinion from the United States Circuit Court for the Eleventh Circuit regarding  a federal gun case shows that the 5th Amendment and its protections must be taken seriously.   The defendant was facing a 10 year sentence […]

AWARD OF INSURANCE ANNUITY MONEY REVERSED IN ALABAMA CIVIL APPEALS COURT

Alabama Civil Appeals Court Rules in Favor of Bradford Ladner LLP Client in Civil Appeal over Insurance Annuity Proceeds The Alabama Court of Civil Appeals issued an opinion in Kowalski v. Upchurch on July 17, 2015 in which the Alabama Civil Appeals Court reversed the Jefferson County Circuit Court’s ruling awarding the surviving son the […]

Bradford Wins Reversal Of Client’s Probation Revocation

Probation Revocation Reversed On Appeal In a decision released in February 2015, the Court of Criminal Appeals reversed a trial court’s decision to revoke our client’s probation.  The client was on probation following serving the incarceration period of a split sentence.  He was accused of picking up a new criminal offense, possession of marijuana.  The […]

Dismissal Reversed In Fraudulent Notarization Case

Fraudulent Notarization Voids Mortgage – Dismissal Reversed The Alabama Court of Civil Appeals reversed a Circuit Court’s dismissal of a fraudulent notarization claim.  The complaint alleging that a mortgage was void because it was fraudulently notarized. In the case of Lowery v. Wells Fargo Home Mortgage, Lowery claimed that certain pages of her mortgage loan […]

Alabama Supreme Court Holds Damages Cap Does Not Apply

$100,000.00 Damage Cap Does Not Apply To Individual Municipal Employees Holds Alabama Supreme Court In an opinion released March 14, 2014, the Alabama supreme court held that the statutory damage cap of $100,000.00 found in Alabama Code  11-47-190 does not apply to the liability of individual municipal employees.  The damage cap has long protected Alabama […]

City Must Plead And Prove Municipal Ordinance on Municipal Appeal

Failure Of City To Prove City Ordinance Results In Defendant Winning Municipal Appeal In Bailey v. City of Ragland, Alabama, ___ So.3d ___ (2013) 2013 WL 3716845, the Alabama Court of Criminal Appeals reviewed a municipal appeal from a city court conviction for harassment.  During the trial in circuit court, the city failed to plead […]

Employer Required Mental Exam Not ADA Violation

The Eleventh Circuit Rules that Employer Required Mental Exam is not ADA Violation In this case, a Coca-Cola company employee claimed an ADA violation when his employer required him to take a mental examination in order to return to work from paid leave. The employer required the employee to undergo psychiatric /  psychological fitness for […]

Alabama Jury Verdict Is Seventh Largest for 2012

An Alabama Jury Verdict for Medical Malpractice Ranks as the Seventh Largest Verdict for 2012 A medical malpractice case in South Alabama resulted in an Alabama jury verdict being the seventh largest jury verdict in the country for 2012. The plaintiff in the case was a diabetic who had been admitted to a South Alabama […]

ALABAMA INSURANCE COVERAGE DISPUTE RULING BY ALABAMA SUPREME COURT

Alabama Insurance Coverage Dispute Ruling on an Alabama insurance coverage dispute, the Alabama Supreme Court held that an insurance policy covered “negligence” claims against the officers of a college fraternity even where the policy did not cover the fraternity officer’s actions of assault and battery. In this Alabama insurance coverage dispute, the plaintiff had been […]