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: Alabama Appellate WatchAlabama 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).
Ninth Circuit certifies another question to the California Supreme Court: Klein v. United States
On July 30, 2008, the Ninth Circuit certified another question to the California Supreme Court under Rule of Court 8.548: Does California Civil Code § 846, California?s recreational land use statute, immunize a landowner from liability for acts of vehicular...
Class Action Defense Cases–Anthony v. AIG: Eleventh Circuit Certifies Questions To Georgia Supreme Court Following Dismissal Of Class Action Complaint Challenging Excessive Notary Fees Charged In Connection With Refinance
Propriety of Dismissal of Class Action Challenging Notary Fees Charged by Lender in Connection with Refinance of Home Loan that were in Excess of Maximum Allowed by Georgia State Law Turned on Issues not yet Clearly Resolved by Georgia Courts Eleventh Circuit Holds, thereby Warranting Certification of Questions to Georgia Supreme Court Plaintiff filed a putative class action against American General Financial Services, with whom they had refinanced their home loan, alleging violations of various Georgia-state laws; each of the claims in the class action complaint were premised on a charge for notarial fees allegedly “in excess of the statutory maximum established by OCGA § 45-17-11(b)...
6th. Circuit Court of Appeals certifies abortion question to Ohio Supreme Court
The 6th. Circuit Court of Appeals, last Monday, certified an almost 4-year old Planned Parenthood case centering around RU-486, a drug used to induced abortions, and the Ohio statute passed in June 2004 specifically prohibiting its use, to the Supreme Court...
"Eleventh Circuit to review en banc below-guideline sentence in 'utterly gruesome' sex offense case"
"Eleventh Circuit to review en banc below-guideline sentence in 'utterly gruesome' sex offense case": Law professor Doug Berman has this post at his "Sentencing Law and Policy" blog...
Is an Alabama execution possible this week after Eleventh Circuit lifts a stay
It has been a long time since any lower court has generated serious execution news over the last three months as the Baze lethal injection de facto moratorium settled in. However, as detailed in this brief AP piece from Alabama,...
"11th Circuit lifts stay of execution for Alabama inmate"
"11th Circuit lifts stay of execution for Alabama inmate": The AP provides a report that begins, "A federal appeals court has lifted a stay of execution for James Harvey Callahan, who is scheduled to be executed Thursday, but it could be delayed again by the U...
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