reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-550 - Cause of Action for Malicious Prosecution of Civil Action Against Health Care Provider.

Section 6-5-550
Cause of action for malicious prosecution of civil action against health care provider.
There is hereby created a cause of action for damages for malicious prosecution on the grounds that the party instituting a civil action for injury or damages whether in contract or in tort against a health care provider based on a breach of the standard of care knew or should have known that the same was without adequate legal basis, or false, or unfounded, or without probable cause in the filing of such action, or that the same was filed as a part of a conspiracy to misuse judicial process by filing such a civil action known to be without legal basis, false, or unfounded. In any action for malicious prosecution under this section, the injured party may recover actual damages including litigation costs paid by or on behalf of the injured party or in the alternative liquidated damages of $500 plus a reasonable attorney's fee and all other costs of litigation. In an action for malicious prosecution under this section, actual malice need not be an element of the claim nor do special damages need to be proved. The elimination of these requirements in permitting the recovery of actual damages or liquidated damages, a reasonable attorney's fee and other costs of litigation is intended to be in derogation of the common law. The cause of action established by this section is not a compulsory counterclaim in the original civil action upon which it is based for the purposes of Rule 13, Alabama Rules of Civil Procedure.
(Acts 1987, No. 87-189, p. 261, §11.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-551 - Complaint to Detail Circumstances Rendering Provider Liable; Discovery.

Section 6-5-551
Complaint to detail circumstances rendering provider liable; discovery.
In any action for injury, damages, or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, whether resulting from acts or omissions in providing health care, or the hiring, training, supervision, retention, or termination of care givers, the Alabama Medical Liability Act shall govern the parameters of discovery and all aspects of the action. The plaintiff shall include in the complaint filed in the action a detailed specification and factual description of each act and omission alleged by plaintiff to render the health care provider liable to plaintiff and shall include when feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall amend his complaint timely upon ascertainment of new or different acts or omissions upon which his claim is based; provided, however, that any such amendment must be made at least 90 days before trial. Any complaint which fails to include such detailed specification and factual description of each act and omission shall be subject to dismissal for failure to state a claim upon which relief may be granted. Any party shall be prohibited from conducting discovery with regard to any other act or omission or from introducing at trial evidence of any other act or omission.
(Acts 1987, No. 87-189, p. 261, §12; Act 2000-387, p. 609, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-552 - Application.

Section 6-5-552
Application.
This article applies to all actions against health care providers based on acts or omissions accruing after June 11, 1987, and as to such causes of action, shall supersede any inconsistent provision of law.
(Acts 1987, No. 87-189, p. 261, §13.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-570 - Statement of Legislative Intent.

Section 6-5-570
Statement of legislative intent.
It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of legal service to the people of Alabama and that the quality of legal services which should be made available to the citizens of this state is in jeopardy. It is the declared intent of this Legislature to insure that quality legal services continue to be available at reasonable costs to the citizens of the State of Alabama. This Legislature finds and declares that the increasing threat of legal actions against legal service providers contributes to an increase in the cost of legal services and places a heavy burden upon those who can least afford such cost and that the threat of such legal actions contributes to the expense of providing legal services to be performed by legal service providers which otherwise would not be considered necessary, and that the spiraling costs and decreasing availability of essential legal services caused by the threat of such litigation constitutes a danger to the welfare of the citizens of this state, and that this article should be given effect immediately to help control the spiraling cost of legal services and to insure the continued availability of vital legal services. In addition, this Legislature finds that legal service providers are experiencing great and increasing difficulties in obtaining professional liability insurance and that there is a great and rapid increase in the cost of professional liability insurance. This Legislature finds that both the availability and the cost of professional liability insurance is in direct consequence to the threat of legal actions against Alabama legal service providers. It is the intent of the Legislature to establish a comprehensive system governing all legal actions against legal service providers. The Legislature finds that in order to protect the rights and welfare of all Alabama citizens and in order to provide for the fair, orderly, and efficient administration of legal actions against legal service providers in the courts of this state, this article provides a complete and unified approach to legal actions against legal service providers and creates a new and single form of action and cause of action exclusively governing the liability of legal service providers known as a legal service liability action and provides for the time in which a legal service liability action may be brought and maintained is required.
(Acts 1988, No. 88-262, p. 406, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-573 - Creation of One Form of Action Against Legal Service Providers.

Section 6-5-573
Creation of one form of action against legal service providers.
There shall be only one form and cause of action against legal service providers in courts in the State of Alabama and it shall be known as the legal service liability action and shall have the meaning as defined herein.
(Acts 1988, No. 88-262, p. 406, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-574 - Limitation on Time for Commencement of Legal Service Liability Action.

Section 6-5-574
Limitation on time for commencement of legal service liability action.
(a) All legal service liability actions against a legal service provider must be commenced within two years after the act or omission or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such 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; provided, further, that in no event may the action be commenced more than four years after such act or omission or failure; except, that an act or omission or failure giving rise to a claim which occurred before August 1, 1987, shall not in any event be barred until the expiration of one year from such date.
(b) Subsection (a) of this section shall be subject to all existing provisions of law relating to the computation of statutory periods of limitations for the commencement of actions, namely, Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30, and 6-2-39; provided, that notwithstanding any provisions of such sections, no action shall be commenced more than four years after the act, omission, or failure complained of; except, that in the case of a minor under four years of age, such minor shall have until his or her eighth birthday to commence such action.
(Acts 1988, No. 88-262, p. 406, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-575 - Settlement of Disputes by Voluntary Arbitration.

Section 6-5-575
Settlement of disputes by voluntary arbitration.
(a) After a legal service provider has rendered services, or failed to render services, to a client out of which a claim has arisen, the parties thereto may agree to settle such dispute by arbitration. Such agreement must be in writing and signed by both parties. Any such agreement shall be valid, binding, irrevocable, and enforceable, save upon such grounds as exist in law or in equity for the revocation of any contract.
(b) Pursuant to the provisions of this section, the claimant shall select one competent and disinterested arbitrator, and the party or parties against whom the claim is made shall select one competent and disinterested arbitrator. The two arbitrators so named shall select a third arbitrator, or, if unable to agree thereon within 30 days, then upon request of any party, such third arbitrator shall be selected by a judge of a court of record in the county in which the arbitration is pending. The arbitrators shall then hear and determine the question or questions so in dispute in accordance with the procedural rules established by the American Arbitration Association. The decision in writing of any two arbitrators shall be binding upon all parties. Each party shall pay fees of his own arbitrator, and split the expenses of the third. Arbitration shall be conducted in the county in which the claim arose. A judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(Acts 1988, No. 88-262, p. 406, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-576 - Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable.

Section 6-5-576
Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable.
(a) In all legal service liability actions, any advance payment made by the defendant or his insurer to or for the plaintiff, or any other person, may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else. Evidence of such advance payment is not admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff to the extent of advance payment. The advance payment shall inure to the exclusive credit of the defendant or his insurer making the payment. In the event the advance payment exceeds the liability of the defendant or the insurer making it, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of costs.
(b) In no case shall an advance payment in excess of an award be repayable by the person receiving it.
(Acts 1988, No. 88-262, p. 406, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-577 - Rules of Evidence and Procedures in Civil Actions Preserved.

Section 6-5-577
Rules of evidence and procedures in civil actions preserved.
All rules of evidence and procedures heretofore in effect in civil actions in the State of Alabama are hereby preserved, unless specifically changed in this article, in all civil actions covered by this article.
(Acts 1988, No. 88-262, p. 406, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-578 - Effect of Compliance or Violation of the Rules of Professional Conduct.

Section 6-5-578
Effect of compliance or violation of the rules of professional conduct.
(a) Evidence of action taken by a legal service provider in an effort to comply with any provision or any official opinion or interpretation of the rules of professional conduct shall be admissible only in defense of a legal service liability action and the same shall be available as a defense to any legal services liability action.
(b) Neither evidence of a charge of a violation of the rules of professional conduct against a legal service provider nor evidence of any action taken in response to such a charge shall be admissible in a legal services liability action and the fact that a legal service provider violated any provision of the rules of professional conduct shall not give rise to an independent cause of action or otherwise be used in support of recovery in a legal services liability action.
(Acts 1988, No. 88-262, p. 406, §9.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-579 - Severability of Underlying Action and Available Defenses.

Section 6-5-579
Severability of underlying action and available defenses.
(a) If the liability to damages of a legal services provider is dependent in whole or in part upon the resolution of a underlying action, the outcome of which is either in doubt or could have been affected by the alleged breach of the legal services provider standards of care, then, in that event, the court shall upon the motion of the legal services provider, order the severance of the underlying action for separate trial.
(b) In defense of the underlying action, the legal services provider may assert any and all substantive and procedural defense, restriction, limitation, or immunity which could have the effect of limiting, mitigating, reducing, or avoiding liability or damages.
(Acts 1988, No. 88-262, p. 406, §10.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-580 - Standards of Care.

Section 6-5-580
Standards of care.
In any action for injury or damages or wrongful death, whether in contract or in tort, against a legal service provider, the plaintiff shall have the burden of proving that the legal service provider breached the applicable standard of care. The applicable standard of care shall be as follows:
(1) The applicable standard of care against the defendant legal service provider shall be such reasonable care and skill and diligence as other similarly situated legal service providers in the same general line of practice in the same general area ordinarily have and exercise in a like case.
(2) However, if the defendant publishes the fact that he or she is certified as a specialist in an area of the law or if the defendant legal service provider solicits business by publicly advertising as a specialist in any area of the law, the standard of care applicable to such legal service provider in a claim for damages resulting from the practice of such a specialty shall be such reasonable care, skill, and diligence as other legal service providers practicing as specialist in the same area of the law ordinarily have and exercise in a like case.
(3) Nothing in this article shall be deemed to allow either the solicitation of business by or advertising by a legal services provider in violation of any rule of the Alabama Supreme Court.
(Acts 1988, No. 88-262, p. 406, §11.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-581 - Applicability and Effect on Inconsistent Provisions of Law.

Section 6-5-581
Applicability and effect on inconsistent provisions of law.
This article applies to all actions against legal service providers based on acts or omissions accruing after April 12, 1988, and, as to such causes of action, shall supersede any inconsistent provision of law.
(Acts 1988, No. 88-262, p. 406, §12.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-600 - Definitions.

Section 6-5-600
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them herein, except where the context clearly indicates a different meaning:
(1) UTILITY. Any public or private utility, any telephone company, or telephone business, and any utility or other entity which is owned or operated by a municipality, electric power board, gas board, utilities board, county improvement authority, power district, or other governmental entity which is engaged in providing electricity, natural gas, water, sewer, garbage, telecommunication, or satellite services, or any combination thereof for sale to consumers.
(2) UTILITY SERVICES. The products, commodities, and services provided by a utility to its customers.
(Acts 1988, No. 88-542, p. 840, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-601 - Right of Action for Diversion or Unauthorized Use of Utility Services.

Section 6-5-601
Right of action for diversion or unauthorized use of utility services.
Any person who knowingly:
(1) Connects any tube, pipe, wire, or other instrument with any meter, device, or other instrument used for conducting utility services in such a manner as to permit the use of said utility services without the same passing through a meter or other instrument recording the usage for billing;
(2) Alters, injures, turns on, or prevents the action of a meter, valve, stopcock, or other instrument used for measuring quantities of utility services;
(3) Breaks, defaces, or causes to be broken or defaced any seal, locking device, or other parts that make up a metering device for recording usage of utility services or a security system for said recording device;
(4) Removes a metering device for measuring quantities of utility services;
(5) Transfers from one location to another a metering device for measuring usage of utility services;
(6) Uses a metering device belonging to the utility that has not been assigned to said location and installed by the utility;
(7) Adjusts the indicated consumption, jams the measuring device, bypasses the meter or measuring device with a jumper so that it does not indicate use or registers incorrectly or otherwise obtains quantities of utility services from the utility without same passing through a metering device for measuring quantities of consumption for billing;
(8) Fabricates or uses a device to pick or otherwise tamper with the locks used to deter current diversion, meter tampering, and meter thefts;
(9) Otherwise takes any action resulting in the diversion or unauthorized use of utility services;
shall be liable civilly for damages resulting from such violations.
(Acts 1988, No. 88-542, p. 840, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-602 - Damages.

Section 6-5-602
Damages.
The damages shall be three times the estimated loss of revenue, plus the cost of the repair or replacement of equipment necessitated by violation of this article and all other costs and expenses, including a reasonable attorney's fee, incurred by the utility resulting from a violation of this article and incurred in collecting the damages provided for by this article.
(Acts 1988, No. 88-542, p. 840, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-603 - Effect of Criminal Conviction.

Section 6-5-603
Effect of criminal conviction.
Conviction under Section 13A-8-10, as amended or under any other criminal statute punishing theft of utility services or tampering with utility meters or facilities or diversion of utility services shall conclusively establish the liability of the person convicted for the damages provided under this article.
(Acts 1988, No. 88-542, p. 840, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-604 - Determination of Estimated Lost Revenue.

Section 6-5-604
Determination of estimated lost revenue.
In determining estimated lost revenue for the purposes of this article, if data is not available from which the lost revenue can be computed the court shall estimate such loss based on usage at the premises involved, or at comparable other premises, during a similar time period prior to or coincident with the period during which utility services were unlawfully made available.
(Acts 1988, No. 88-542, p. 840, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-605 - Application of Terms "Utilities" and "Public Utility".

Section 6-5-605
Application of terms "utilities" and "public utility".
For purposes of this article and for purposes of Sections 40-8-1 and 40-21-50 as amended, the terms "utilities" and "public utility," as applied to telecommunications, "telephone company," and "telephone business" mean the provisioning of local exchange services.
(Acts 1988, No. 88-542, p. 840, §3; Acts 1989, No. 89-525, p. 1074, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-620 - Statement of Legislative Intent.

Section 6-5-620
Statement of legislative intent.
The Legislature hereby finds, determines, and declares that the production of agricultural and aquacultural food products and commodities constitute an important and significant portion of the state economy and that it is imperative to protect the vitality of the agricultural and aquacultural economy for the citizens of this state by providing a cause of action for producers to recover damages for the disparagement of any perishable product or commodity.
(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-621 - Definitions.

Section 6-5-621
Definitions.
As used in this article, the following terms have the following meanings:
(1) DISPARAGEMENT. The dissemination to the public in any manner of false information that a perishable food product or commodity is not safe for human consumption. The information shall be deemed to be false if it is not based upon reasonable and reliable scientific inquiry, facts, or data.
(2) PERISHABLE FOOD PRODUCT OR COMMODITY. Any agricultural or aquacultural food product which is sold or distributed in a form that will perish or decay beyond marketability within a short period of time.
(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-622 - Damages.

Section 6-5-622
Damages.
Any person who produces, markets, or sells a perishable food product or commodity, and suffers damage as a result of another person's disparagement of perishable food products or commodities has a cause of action for damages and for any other relief a court of competent jurisdiction deems appropriate, including but not limited to, compensatory and punitive damages.
(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-623 - Defenses.

Section 6-5-623
Defenses.
It is no defense under this article that the actor did not intend, or was unaware of, the act charged.
(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-624 - Limitation on Time for Commencement of Action.

Section 6-5-624
Limitation on time for commencement of action.
Any civil action for damages for disparagement of perishable agricultural or aquacultural food products or commodities shall be commenced within one year after the cause of action accrues.
(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-625 - Construction With Other Criminal Laws.

Section 6-5-625
Construction with other criminal laws.
This article shall be construed in pari materia with all laws relating to fraud, criminal mischief, criminal tampering with property, interruption of or impairing commerce and trade, unlawful trade practices, and property damage.
(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 33 - Class Actions. › Section 6-5-640 - Scope and Effect on Other Laws or Rules.

Section 6-5-640
Scope and effect on other laws or rules.
This article shall apply to and govern all civil class actions brought in the state courts of Alabama pursuant to Alabama Rule of Civil Procedure 23. The provisions of this article, where inconsistent with any Alabama Rule of Civil Procedure, including, but not limited to, Ala. R. Civ. P. 23, shall supersede such rules or parts of rules.
(Act 99-250, p. 329, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 33 - Class Actions. › Section 6-5-642 - Appeal of Certification Order.

Section 6-5-642
Appeal of certification order.
A court's order certifying a class or refusing to certify a class action shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. Such appeal may only be filed within 42 days of the order certifying or refusing to certify the class. The filing of such appeal, the failure to file an appeal, or the affirmance of the certification or denial order shall in no way affect the right of any party, after the entry of final judgement, to appeal the earlier certification of, or refusal to certify, the class. If the appeal is not the first appeal taken by the party, the subsequent appeal shall be based upon the record at the time of final judgment and shall be considered by the court only to the extent that either the facts or controlling law relevant to certification have changed from that which existed or controlled at the time of the earlier certification or refusal to certify. During the pendency of any such appeal, the action in the trial court shall be stayed in all respects. Following adjudication on appeal (or, if the initial appeal is to an intermediate appellate court, adjudication of the action on any writ of certiorari granted by the Supreme Court of Alabama), if the class is not to be certified, the stay in the trial court shall automatically dissolve and the trial court may proceed to adjudicate any remaining individual claims or defenses. If, after such appeal or procedure on writ of certiorari, the class is to be certified, the stay shall likewise dissolve and the trial court shall proceed with adjudication on the merits, except that the trial court shall at all times prior to entry of a final order retain jurisdiction to revisit the certification issues upon motion of a party and to order decertification of the class if during the litigation of the case it shall become evident to the court that the action is no longer reasonably maintainable as a class action pursuant to the factors enumerated in Ala.R.Civ.P. 23(b).
(Act 99-250, p. 329, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 34 - Volunteer Medical Professional Act. › Section 6-5-661 - Legislative Findings.

Section 6-5-661
Legislative findings.
The Legislature finds that the willingness of medical professionals to volunteer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers.
The Legislature further finds that volunteer medical professionals and free medical clinics make a valuable contribution to the health and welfare of the people of the state and that it is in the state's best interest to encourage medical professionals to volunteer their services for the good of their communities, while at the same time providing a reasonable basis for redress of claims which may arise relating to those activities.
(Act 2000-680, p. 1383, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 34 - Volunteer Medical Professional Act. › Section 6-5-662 - Definitions.

Section 6-5-662
Definitions.
For purposes of this article, the following words shall have the following meanings:
(1) ESTABLISHED FREE MEDICAL CLINIC. An organized community-based program providing medical care, without charge to individuals unable to pay for it, and which is limited to care that does not require the services of a licensed hospital or ambulatory surgical center, and care that does not include the use of general anesthesia or require an overnight stay in a health care facility.
(2) MEDICAL PROFESSIONAL. A person licensed by the Alabama Medical Licensure Commission established under Section 34-24-310, or licensed to practice the treatment of human ailments in any other state or territory of the United States; or a person licensed by the Alabama Board of Nursing established under Section 34-21-2; or a person licensed by the Board of Chiropractic Examiners established under Section 34-24-140; or a person licensed by the Alabama Board of Optometry established under Section 34-22-20; or a person licensed by the Board of Dental Examiners established under Sections 34-9-1 to 34-9-65, inclusive. Medical professional shall not include medical students, interns, or residents while they are completing training necessary for a medical license or certification as a specialist in a particular medical field.
(Act 2000-680, p. 1383, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 34 - Volunteer Medical Professional Act. › Section 6-5-663 - Liability of Volunteer Medical Professionals.

Section 6-5-663
Liability of volunteer medical professionals.
(a) A medical professional who, in good faith, provides, without fee or compensation, medical treatment, diagnosis, advice, or nursing services as a part of the services of an established free medical clinic, shall not be liable for civil damages as a result of his or her acts or omissions in providing the medical treatment, diagnosis, advice, or nursing services, unless the act or omission was the result of the licensed healthcare provider's willful or wanton misconduct.
(b) Subsection (a) does not apply to a particular case unless the free medical clinic has posted in a conspicuous place on its premises an explanation of the immunity from civil liability provided by this article.
(c) The immunity from civil liability provided under subsection (a) also applies to medical professionals who provide, without fee or compensation, further medical treatment, diagnosis, advice, or nursing services to a patient upon referral from an established free medical clinic.
(d) Acceptance by a free medical clinic of a contribution made by a person receiving services at the clinic shall not constitute a waiver of immunity as provided in this article.
(e) In any suit against a free medical clinic for civil damages based upon the negligent act or omission of a volunteer medical professional, proof of such act or omission shall not be sufficient to establish the responsibility of the clinic under the doctrine of "respondeat superior," notwithstanding the immunity granted to the volunteer medical professional with respect to any act or omission included under subsection (a), unless such act or omission is found to be willful or wanton.
(Act 2000-680, p. 1383, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-680 - Definitions.

Section 6-5-680
Definitions.
For the purposes of this article, the following words shall have the following meanings:
(1) ASBESTOS CLAIM. Any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:
a. The health effects of exposure to asbestos, including any claim for:
1. Personal injury or death.
2. Mental or emotional injury.
3. Risk of disease or other injury.
4. The costs of medical monitoring or surveillance, to the extent these claims are recognized under state law.
b. Any claim made by or on behalf of a person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person.
c. Any claim for damage or loss caused by the installation, presence, or removal of asbestos.
(2) CORPORATION. A corporation for profit, including a domestic corporation organized under the laws of this state, or a foreign corporation organized under laws other than the laws of this state.
(3) SUCCESSOR. A corporation that assumes or incurs, or has assumed or incurred, successor asbestos-related liabilities.
(4) SUCCESSOR ASBESTOS-RELATED LIABILITIES. Any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation, or which are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under Section 6-5-682 were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction.
(5) TRANSFEROR. A corporation from which successor asbestos-related liabilities are or were assumed or incurred.
(Act 2011-545, p. 1001, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-681 - Applicability of Limitations.

Section 6-5-681
Applicability of limitations.
(a) The limitations in Section 6-5-682 apply to a corporation that is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successors.
(b) The limitations in Section 6-5-682 do not apply to:
(1) Workers' compensation benefits paid by or on behalf of an employer to an employee under the laws of this state or a comparable workers' compensation law of another jurisdiction.
(2) Any claim against a corporation that does not constitute a successor asbestos-related liability.
(3) An insurer, as defined in Section 27-1-2.
(4) Any obligations under the National Labor Relations Act, as amended, or under any collective bargaining agreement.
(5) A successor that, after a merger or consolidation, continued in the business of mining asbestos; in the business of selling or distributing asbestos fibers; or in the business of manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
(Act 2011-545, p. 1001, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-682 - Limitations of Liability.

Section 6-5-682
Limitations of liability.
(a) Except as further limited in subsection (b), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos-related liabilities in excess of this limitation.
(b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, shall be substituted for the limitation set forth in subsection (a) for purposes of determining the limitation of liability of a corporation.
(Act 2011-545, p. 1001, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-683 - Fair Market Value of Total Gross Assets.

Section 6-5-683
Fair market value of total gross assets.
(a) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 6-5-682 through any method reasonable under the circumstances, including either of the following:
(1) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's length transaction.
(2) In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(b) Total gross assets include intangible assets.
(c) Total gross assets include the aggregate coverage under any applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, which insurance has been collected or is collectible to cover successor asbestos-related liabilities except compensation for liabilities arising from workers' exposure to asbestos solely during the course of their employment by the transferor. A settlement of a dispute concerning the insurance coverage entered into by a transferor or successor with the insurers of the transferor before September 1, 2011, shall be determinative of the aggregate coverage of the liability insurance to be included in the calculation of the transferor's total gross assets.
(Act 2011-545, p. 1001, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-684 - Adjustment of Fair Market Value of Total Gross Assets.

Section 6-5-684
Adjustment of fair market value of total gross assets.
(a) Except as provided in subsections (b), (c), and (d), the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of:
(1) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used.
(2) One percent.
(b) The rate in subsection (a) may not be compounded.
(c) The adjustment of fair market value of total gross assets shall continue as provided under subsection (a) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
(d) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance otherwise included in the definition of total gross assets by subsection (c) of Section 6-5-683.
(Act 2011-545, p. 1001, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-685 - Application of Article.

Section 6-5-685
Application of article.
This article shall apply to any civil action asserting an asbestos claim in which the trial has not commenced as of September 1, 2011.
(Act 2011-545, p. 1001, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35A - Asbestos Exposure Transparency Act. › Section 6-5-691 - Definitions.

Section 6-5-691
Definitions.
For the purposes of this article, the following terms shall have the following meanings:
(1) ASBESTOS ACTION. A civil action arising out of, based on, or related to the health effects of exposure to asbestos and any derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. The term asbestos action does not include claims alleging ovarian cancer.
(2) ASBESTOS TRUST. A government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility that is created as a result of an administrative or legal action, a court-approved bankruptcy, pursuant to 11 U.S.C. §524(g), 11 U.S.C. §1121(a), or other applicable provision of law, that is intended, in whole or in part, to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.
(3) TRUST CLAIM MATERIALS. A final executed proof of claim and all documents and information submitted to or received from an asbestos trust, including claim forms and supplementary materials, affidavits, medical and health records, depositions and trial testimony of the plaintiff and others knowledgeable about the plaintiff's exposure history, work history, exposure allegations, and all documents that reflect the status of a claim against an asbestos trust and if the trust claim has been resolved.
(4) TRUST GOVERNANCE DOCUMENTS. All documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.
(Act 2019-261, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35A - Asbestos Exposure Transparency Act. › Section 6-5-692 - Required Disclosures by Plaintiff.

Section 6-5-692
Required disclosures by plaintiff.
(a) Subject to Section 6-5-693, within 90 days after a plaintiff files an asbestos action, the plaintiff shall do all of the following:
(1) Provide all parties with an affidavit, signed under oath by the plaintiff, stating all of the following:
a. The plaintiff's name, address, date of birth, Social Security number, marital status, occupation, and employers, and if the plaintiff alleges exposure to asbestos through another person, the identity of the other person, and that person's relationship to the plaintiff.
b. The asbestos-related disease claimed to exist.
c. The plaintiff and plaintiff's counsel have conducted an investigation into all potential sources of the plaintiff's exposure to asbestos and identified with specificity each and every source of exposure to asbestos that is available or known to the plaintiff or plaintiff's counsel and any person through which the plaintiff alleges exposure, including all asbestos-containing products to which the plaintiff or other person were exposed, whether from bankrupt entities or otherwise, and all premises at which the plaintiff and the other person were exposed to asbestos; the specific location and manner of each alleged exposure to asbestos; the beginning and ending dates of each alleged exposure; and the specific connection of each defendant to the alleged exposure to asbestos.
(2) Provide all parties with all supporting documentation relating to this section.
(b) If a defendant presents evidence that the plaintiff's affidavit is incomplete, the defendant may move the court for an order to require the plaintiff to supplement the affidavit. If the court determines that there is a sufficient basis for the plaintiff to supplement the affidavit, the court shall enter an order to require the plaintiff to supplement the affidavit and shall stay the action until the plaintiff supplements the affidavit as provided by the court and produces the supplemental affidavit to the parties.
(c) The court shall dismiss the plaintiff's claim without prejudice if the plaintiff fails to provide the information required in this section or fails to satisfy an order to supplement the plaintiff's affidavit within 90 days from the time the information is required to be provided to the parties.
(Act 2019-261, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35A - Asbestos Exposure Transparency Act. › Section 6-5-693 - Bankruptcy Trust Information.

Section 6-5-693
Bankruptcy trust information.
(a) A plaintiff in an asbestos action need not comply with Section 6-5-692 if, within 90 days after the plaintiff files an asbestos action, the plaintiff files all available asbestos trust claims and provides the parties with all trust claim materials available to the plaintiff or plaintiff's counsel in relation to the plaintiff's exposure to asbestos. This section does not apply if the plaintiff complies with Section 6-5-692.
(b) A plaintiff has a continuing duty to supplement the information and materials provided under subsection (a) within 30 days after the plaintiff supplements an asbestos trust claim, receives additional information or materials related to an asbestos trust claim, or files an additional trust claim.
(c) Not less than 60 days before trial, if a defendant presents evidence that the plaintiff has not filed all available asbestos trust claims, as required under subsection (a), the defendant may move the court for an order to require the plaintiff to file additional trust claims. If a defendant has previously filed a motion under this section, the court shall not grant a subsequent motion if the defendant knew that the claimant met the criteria for payment for the additional trust claim identified in the subsequent motion at the time the earlier motion was filed.
(d) Trial in an asbestos action may not begin until at least 60 days after the plaintiff complies with this section.
(Act 2019-261, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35A - Asbestos Exposure Transparency Act. › Section 6-5-694 - Discovery.

Section 6-5-694
Discovery.
(a) In an asbestos action, there shall be a rebuttable presumption that trust claim materials and trust governance documents are relevant, authentic, and admissible in evidence. A claim of privilege does not apply to trust claim materials or trust governance documents.
(b) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release the information and materials sought by the defendant.
(Act 2019-261, §1.)