When a juvenile court has not made specific factual findings in support of its judgments, we must presume that the juvenile court made those findings necessary to support its judgment, provided that …
The First Question the Court Must Ask
When the service of process on the defendant is contested as being improper or invalid, the burden of proof is on the plaintiff to prove that service of process was performed correctly or …
Case Brief and Commentary by S.J. McLure: Ellis v. Duncan, February 3, 2023 (Alabama Court of Civil Appeals)
Every Friday, the Alabama Court of Civil Appeals and the Alabama Supreme Court release opinions. As it is the duty of attorneys to keep themselves apprised of fresh cases relevant to their fields, we …
Case Brief and Commentary by S.J. McLure: R.H. and A.H. v. Madison County DHR, March 24, 2023, (Alabama Court of Civil Appeals)
Every Friday, the Alabama Court of Civil Appeals and the Alabama Supreme Court release opinions. As it is the duty of attorneys to keep themselves apprised of fresh cases relevant to their fields, we …
Determining the Cause: Sexual Assault and Wrongful Death Suits
Can sexual assault be legally viewed as a cause of death when a victim commits suicide? Can you sue an alleged assailant for wrongful death in this situation? A recent case from the Alabama Supreme …
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April is National Child Abuse Prevention Month || Timely Advice for Parents to the COVID-19 Corona Virus Crisis
On Tuesday, April 21st U.S. Attorney Jay Town recognized April as National Child Abuse Prevention Month. Town and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Assistant …
War on Child Porn || Stories From the Frontlines
War on Child Porn || Stories From the Frontlines Of the great evils that thrive in the dark corners of our society, few are as heinous as the child pornography industry. Though the average American …
Sears Filing Bankruptcy – Cycles of Disruption
Sears Filing Bankruptcy - Cycles of Disruption In 1893 a relatively unknown railway worker began to disrupt the retail industry - almost by accident. R.W. Sears bought a shipment of watches from a …
Evidence for Recovery of Alleged Preference, MP-Tech America v. Best Rental Corp.
Evidence for Recovery of Alleged Preference, MP-Tech America v. Best Rental Corp. The worst feeling in the world is getting paid on a past due debt, and thinking you are in the clear, because the …
Evidence for Recovery of Alleged Preference, MP-Tech America v. Best Rental Corp.Read More
Predicting the Middle District of Alabama’s Position on Habitually Late Tax-Filer Exception to Discharge – BRC 523(a)(1)
Case Law Review - Predicting the Middle District of Alabama’s Position on Habitually Late Tax-Filer Exception to Discharge - BRC 523(a)(1) In general, tax debts can be discharged in bankruptcy if …