reglab/housing_qa huggingface dataset:
AL Code § 6-5-730 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 37 - Commonsense Consumption Act.|Section 6-5-730 - Short Title.

Section 6-5-730Short title. This article may be cited as the "Commonsense Consumption Act." (Act 2012-556, p. 1636, §1.)
AL Code § 6-5-731 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 37 - Commonsense Consumption Act.|Section 6-5-731 - Definitions.

Section 6-5-731Definitions. For purposes of this article, the following words have the following meanings: (1) CLAIM. Any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person. (2) GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY LIKELY TO RESULT FROM LONG-TERM CONSUMPTION. A condition generally known to result or to likely result from the cumulative effect of consumption, and not from a single instance of consumption. (3) KNOWING AND WILLFUL. Conduct in violation of federal or state law which meets both of the following criteria: a. The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers. b. The conduct constituting the violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency. (4) OTHER PERSON. Any individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or private attorney general. (Act 2012-556, p. 1636, §2.)
AL Code § 6-5-732 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 37 - Commonsense Consumption Act.|Section 6-5-732 - Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food - Exemptions From Civil Actions.

Section 6-5-732Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Exemptions from civil actions. Except as exempted in Section 6-5-733, a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser of a food, as defined at Section 201(f) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §321(f), or an association of one or more such entities, shall not be subject to any civil action for any claim arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food. (Act 2012-556, p. 1636, §3.)
AL Code § 6-5-733 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 37 - Commonsense Consumption Act.|Section 6-5-733 - Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food - Permitted Civil Actions.

Section 6-5-733Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Permitted civil actions. Section 6-5-732 shall not preclude a civil action in which the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food (1) includes as an element of the cause of action a material violation of an adulteration or misbranding requirement prescribed by statute or rule of this state or the United States of America, and the claimed injury was proximately caused by such violation; or (2) is based on any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that such violation is knowing and willful, and the claimed injury was proximately caused by such violation. (Act 2012-556, p. 1636, §4.)
AL Code § 6-5-734 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 37 - Commonsense Consumption Act.|Section 6-5-734 - Pleading Requirements; Stay of Discovery.

Section 6-5-734Pleading requirements; stay of discovery. (a) In any action exempted under subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity for each defendant and cause of action all of the following: (1) The statute, rule, or other law of the state or of the United States that allegedly creates the cause of action. (2) Each element of the cause of action and the specific facts alleged to satisfy each element of the cause of action. (3)a. The exemption under subsection (a) being relied upon and the specific facts that allegedly demonstrate that the violation of the statute, rule, or other law in subdivision (1) proximately caused actual injury to the plaintiff. b. In any action exempted under subdivision (2) of Section 6-5-733, in addition to the foregoing pleading requirements, the complaint initiating the action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that the violation was injurious to consumers. For purposes of applying this article, the pleading requirements in this subsection are deemed part of the substantive law of the state and not merely in the nature of procedural provisions. (b)(1) In any action exempted under Section 6-5-733, the obligation of any party or non-party to make disclosures of any kind under any applicable rule or order, or to respond to discovery requests of any kind, as well as all proceedings unrelated to adjudicating a motion to dismiss, shall be stayed prior to the time for filing a motion to dismiss and during the pendency of any such motion unless the court finds upon motion of any party that a response to a particularized discovery request is necessary to preserve evidence or to prevent undue prejudice to that party. (2) Unless otherwise ordered by the court, during the pendency of any stay of discovery pursuant to this section, the responsibilities of the parties with regard to the treatment of all documents, data compilations, including electronically recorded or stored data, and tangible objects shall be governed by applicable rules of civil procedure. A party aggrieved by the failure of an opposing party to comply with this subdivision shall have the applicable remedies made available by such applicable rules, provided that no remedy shall be afforded that conflicts with the terms of this subdivision. (Act 2012-556, p. 1636, §5.)
AL Code § 6-5-735 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 37 - Commonsense Consumption Act.|Section 6-5-735 - Construction of Article.

Section 6-5-735Construction of article. (a) Nothing in this article shall be construed to create any claim, right of action, or civil liability that did not previously exist under the law of this state. (b) Nothing in this article shall be construed to interfere with any agency's exclusive or primary jurisdiction to find or declare violations of an adulteration or misbranding statute or rule. (Act 2012-556, p. 1636, §6.)
AL Code § 6-5-736 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 37 - Commonsense Consumption Act.|Section 6-5-736 - Application of Article.

Section 6-5-736Application of article. The provisions of this article shall apply to all covered claims pending on May 23, 2012, and all claims filed thereafter, regardless of when the claim arose. (Act 2012-556, p. 1636, §7.)
AL Code § 6-5-750 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.|Section 6-5-750 - Short Title.

Section 6-5-750Short title. This article shall be known and may be cited as the Alabama Commercial Aviation Business Improvement Act of 2013. (Act 2013-73, p. 148, §1.)
AL Code § 6-5-752 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.|Section 6-5-752 - Definitions.

Section 6-5-752Definitions. For purposes of this article, the following definitions shall apply: (1) ACCIDENT. An incident resulting in personal injury, death, or damage to property arising out of or relating to commercial aviation aircraft. (2) AIRCRAFT. The meaning given such term in Section 40102(6) of Title 49 of the United States Code. (3) AIRWORTHINESS CERTIFICATE. An airworthiness certificate issued under Section 44704(d) of Title 49 of the United States Code or any predecessor federal statute, or from another airworthiness authority. (4) COMMERCIAL AVIATION AIRCRAFT. Any aircraft for which a type certificate or an airworthiness certificate has been issued by the Administrator of the Federal Aviation Administration of the United States or another airworthiness authority, which, at the time such certificate was originally issued, had a seating capacity of 100 or more passengers. (5) DEFENDANT. Any defendant, counter-defendant, cross-defendant, or third-party defendant named in an action against a manufacturer arising out of an accident. (6) MANUFACTURER. A manufacturer or assembler of commercial aviation aircraft or of any new component, system, subassembly, or other part of such aircraft, in its capacity as a manufacturer or assembler. (7) REPOSE PERIOD. Twelve years with respect to commercial aviation aircraft and the components, systems, subassemblies, and other parts of such aircraft. (8) TYPE CERTIFICATE. A type certificate issued under Section 44704(a) of Title 49 of the United States Code or any other predecessor federal statute, or another airworthiness authority. (Act 2013-73, p. 148, §3; Act 2014-346, p. 1289, §1(b)(1).)
AL Code § 6-5-753 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.|Section 6-5-753 - Commencement of Action.

Section 6-5-753Commencement of action. (a) All actions against a manufacturer in tort, contract, or otherwise for death or injury to person or damage to property arising out of an accident shall be commenced within two years next after a cause of action accrues, and not thereafter. Causes of action for wrongful death accrue upon the death of the testator or intestate. (b) Notwithstanding subsection (a), and except as provided in subsections (c) and (d), no action for death or injury to a person or damage to property arising out of an accident may be brought against a manufacturer if any of the following circumstances apply: (1) The accident occurred after the applicable repose period beginning on either: a. The date of delivery of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer. b. The date of first delivery of the aircraft to a person engaged in the business of selling or leasing such aircraft. (2) The accident occurred with respect to any new component, system, subassembly, or other part that replaced another component, system, subassembly, or other part originally in, or that was added to, the aircraft, and that is alleged to have been a proximate cause of an accident, after the applicable repose period beginning on the date of completion of the replacement or addition. (c) If a cause of action accrues prior to the expiration of the repose period, an action may be brought within two years of accrual even though it extends beyond the repose period. (d) Subsection (b) does not apply to any of the following circumstances: (1) The claimant pleads with specificity the facts necessary to prove, and proves, that the manufacturer with respect to a type certificate or airworthiness certificate for, or obligations with respect to continuing airworthiness of, an aircraft or a component, system, subassembly, or other part of an aircraft knowingly misrepresented to the Federal Aviation Administration or other airworthiness authority, or concealed or withheld from the Federal Aviation Administration or other airworthiness authority, required information that is material and relevant to the performance or the maintenance or operation of such aircraft, or the component, system, subassembly, or other part, that is causally related to the harm that the claimant allegedly suffered. (2) The person for whose injury or death the claim is being made was not aboard the aircraft at the time of the accident. (3) An action is brought under a written warranty enforceable under law but for the operation of this section. (Act 2013-73, p. 148, §4.)
AL Code § 6-5-754 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.|Section 6-5-754 - Choice of Forum.

Section 6-5-754Choice of forum. (a) If a claim under the common or statutory law of another state, the United States, or a foreign country or under international treaty for death or injury to person or damage to property arises against a manufacturer out of an accident that occurred outside this state, such claim may be brought in the courts of this state in any county in which jurisdiction of the defendant can be legally obtained in the same manner in which jurisdiction could have been obtained if the claim had arisen in this state. (b) The courts of this state shall apply the doctrine of forum non conveniens in determining whether to accept or decline to take jurisdiction of an action asserting a claim arising out of an accident occurring outside this state. (c) In applying the doctrine of forum non conveniens, the court shall take into account each of the following considerations: (1) The state in which the claimant resides, giving deference to the claimant's choice of forum only if the claimant is a resident of this state. (2) The location where the acts or occurrences giving rise to the action occurred. (3) The convenience of the parties and witnesses. (4) The interests of justice. (d) If upon motion of any defendant it is shown that there exists a more appropriate forum outside this state, the court must dismiss the action without prejudice. Dismissal may be conditioned upon the defendant filing with the court a consent (1) to submit to jurisdiction in the identified forum, or (2) to waive any statute of limitations defense not already existing if an action on the same cause of action is commenced in the identified forum within 60 days of the dismissal. (e) An order denying a motion to dismiss under this section shall be immediately appealable, as a matter of right, upon filing of a notice of appeal in accordance with the Alabama Rules of Appellate Procedure. (Act 2013-73, p. 148, §5.)
AL Code § 6-5-755 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.|Section 6-5-755 - Recovery; Contribution.

Section 6-5-755Recovery; contribution.  (a) In an action against a manufacturer and one or more other defendants, including other manufacturers, for death or injury to person or damage to property arising out of an accident, the right of the plaintiff to recover jointly and severally against such defendants found liable is preserved. (b) Notwithstanding subsection (a), in an action arising out of such accident, if the respective or comparative responsibility of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence of a jury the court shall make special findings, allocating the percentage of responsibility attributable to each defendant found to have proximately caused the accident. (c) Responsibility for the accident may be allocated to a nonparty in an action under the procedure described in subsection (b) if each of the following requirements are satisfied: (1) A defendant affirmatively pleads the responsibility of a nonparty as a proximate cause of the accident, and, absent a showing of good cause, identifies the nonparty, if known, or describes the nonparty as specifically as practicable, either by motion or responsive pleading when defenses are first presented or in accordance with the Alabama Rules of Civil Procedure governing supplemental and amended pleadings. (2) The defendant proves at trial, by a preponderance of the evidence, that the act or failure to act of the nonparty was a proximate cause of the accident in whole or in part. (d) Regarding a party or nonparty joint tortfeasor or tortfeasors who has not settled with the plaintiff and whose comparative responsibility for the accident has been determined under the procedure described in subsection (b) or subsection (c), a defendant found liable and who has paid the plaintiff an amount in excess of defendant's percentage of comparative responsibility shall be entitled to recover contribution in such excess amount from the joint tortfeasor or tortfeasors according to the percentage of its responsibility so determined. In such a circumstance, contribution among joint tortfeasors is allowed. (e) Regarding any joint tortfeasor, whether a party or nonparty in the action, who has settled with the plaintiff, a defendant is entitled to elect either informing the trier of fact of the terms of the pro tanto settlement and admitting such settlement into evidence, or choosing a post-judgment setoff by the trial court of the amount of such settlement against the amount of the judgment in the manner permitted by Alabama law. (f) This section does not apply to contract actions, nor does it limit or abridge the contractual rights of a party. (Act 2013-73, p. 148, §6.)
AL Code § 6-5-756 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.|Section 6-5-756 - Application of Article.

Section 6-5-756Application of article. This article shall apply to any action filed after April 4, 2013. (Act 2013-73, p. 148, §7.)
AL Code § 6-5-770 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 39 - Alabama Right of Publicity Act.|Section 6-5-770 - Short Title.

Section 6-5-770Short title.  This article shall be known and may be cited as the Alabama Right of Publicity Act. (Act 2015-188, §1.)
AL Code § 6-5-771 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 39 - Alabama Right of Publicity Act.|Section 6-5-771 - Definitions.

Section 6-5-771Definitions.  For the purposes of this article, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) INDICIA OF IDENTITY. Include those attributes of a person that serve to identify that person to an ordinary, reasonable viewer or listener, including, but not limited to, name, signature, photograph, image, likeness, voice, or a substantially similar imitation of one or more of those attributes. (2) PERSON. A natural person or a deceased natural person who at any time resided in this state or died while in this state or whose estate is, or was, probated in any county in this state. (3) RIGHT OF PUBLICITY. There is a right of publicity in any indicia of identity, both singular and plural, of every person, whether or not famous, which right endures for the life of the person and for 55 years after his or her death, whether or not the person commercially exploits the right during his or her lifetime. The right is freely transferable and descendible, in whole or in part, and shall be considered property of the estate of the decedent unless otherwise transferred. (Act 2015-188, §2.)
AL Code § 6-5-772 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 39 - Alabama Right of Publicity Act.|Section 6-5-772 - Liability for Use of Indicia of Identity Without Consent.

Section 6-5-772Liability for use of indicia of identity without consent.  (a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of advertising or selling, or soliciting purchases of, products, goods, merchandise, or services, or for purposes of fund-raising or solicitation of donations, or for false endorsement, without consent shall be liable under this article to that person, or to a holder of that person’s rights. (b) Liability may be found under this section without regard as to whether the use is for profit or not for profit. (Act 2015-188, §3.)
AL Code § 6-5-773 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 39 - Alabama Right of Publicity Act.|Section 6-5-773 - Relation to Free Speech; Fair Use; Resale of Lawfully-Obtained Products; Commencement of Action.

Section 6-5-773Relation to free speech; fair use; resale of lawfully-obtained products; commencement of action.  (a) Nothing in this article will allow for an abridgement of free speech rights under the First Amendment of the United States Constitution and Section 4 of the Constitution of Alabama of 1901. (b) It is a fair use and not a violation of Section 6-5-772 if the use of the indicia of identity is in connection with a news, public affairs, or public interest account, political speech or a political campaign, live or prerecorded broadcast or streaming of a sporting event or photos, clips, or highlights included in broadcasts or streaming of sports news or talk shows, or documentaries, or any advertising or promotion of the same (public interest work), or is part of an artistic or expressive work, such as a live performance, work of art, literary work, theatrical work, musical work, audiovisual work, motion picture, film, television program, radio program or the like (artistic work), or any advertising or promotion of the same, unless the claimant proves, subject to subsection (a), that the use in an artistic work is such a replica as to constitute a copy of the person's indicia of identity for the purposes of trade. (c) With respect to advertising and promotion of public interest works and artistic works, except for the advertising or promotion of a public interest work itself as permitted by subsection (b), it shall not be deemed a fair use if the claimant proves that his or her indicia of identity has been directly connected to and affirmatively used in a commercial manner to advertise, promote, or endorse a product, good, or service. (d) The commercial use of a person's indicia of identity in a commercial medium does not constitute a violation of Section 6-5-772 if the material containing the commercial use is authorized by the person or the person's authorized representative or agent for commercial sponsorship or paid advertising. (e) It is not a fair use and is a violation of Section 6-5-772 if a person's indicia of identity is used, without such person's permission, in a manner stating or implying that such person has endorsed or supports a candidate for public office. (f) Those who lawfully obtain authorized products containing indicia of identity are not liable under this section for their resale of such products. (g) Any action brought pursuant to this article shall be commenced within two years from the act or omission giving rise to the claim. If the cause of action is not discovered and could not reasonably have been discovered within that time period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier. In no event may the action be commenced more than four years after the act or omission giving rise to the claim. (Act 2015-188, §4.)