Appellate Law

Alabama Supreme Court May Revise Question that Eleventh Circuit Certifies for Review

When the Eleventh Circuit Court of Appeals certifies a question to the Alabama Supreme Court, the "'particular phrasing used in the certified question is not to restrict the [Alabama] Supreme Court's consideration of the problems involved and the issues as the Supreme Court perceives them to be in its analysis of the record certified in this case.' Blue Cross & Blue Shield of Alabama, Inc. v. Nielsen, 116 F.3d 1406, 1414 (11th Cir. 1997) (quoting Martinez v. Rodriguez, 394 F.2d 156, 159 n.6 (5th Cir. 1968) (citations omitted))."  The Alabama Supreme Court may rephrase a certified question to enable the Court to address the "'basic issue implicated by th[e] question' and 'contemplated by the Court of Appeals in its certification.'"  Holcim (US), Inc. v. The Ohio Casualty Insurance Company and Industrial Services of Mobile, Inc., No. 1080233 (Ala. Nov. 13, 2009)(quoting John Deere Co. v. Gamble, 523 So. 2d 95, 99 (Ala. 1988)).

Full post as published by Alabama Appellate Watch on November 23, 2009 (boomark / email).