Alabama Workers' Comp Blawg

  • 28
  • Jul
  • 2015

Sever Alabama Tort Claims from Adjoining Workers' Comp Claim for Quick Appeal

Imperial Aluminum-Scottsboro, LLC v. Taylor Released July 24, 2015 The employee filed suit against the employer asserting a workers' compensation claim, retaliatory discharge and the tort of outrage. Upon the case being...

Read More
  • 23
  • Nov
  • 2014

Recent Tenth Circuit Decision Could Have Ramifications in Workers Compensation Retaliatory Discharge Cases

The Tenth Circuit Court of Appeals recently released its decision in the case of Green v. Donahoe, No. 13-1096, 2014 U.S. App. LEXIS 14290, 2014 WL 370823 (10th Cir. July...

Read More
  • 11
  • Jun
  • 2014

Mortality Tables not Admissible in this Alabama Retaliatory Discharge Case

Guyoungtech USA, Inc. v. Dees On June 6, 2014 the Supreme Court of Alabama issued a lengthy opinion covering many issues related to a Retaliatory Discharge case tried in Conecuh...

Read More
  • 08
  • Jul
  • 2013

Alabama Supreme Court Reverses Court of Civil Appeals' Decision in Retaliatory Discharge Case

On June 28, 2013, the Supreme Court of Alabama released its opinion in the case of Ex parte Stanford D. Isbell, wherein it reversed the the Court of Civil Appeals...

Read More
  • 23
  • Jan
  • 2012

Collateral Estoppel Does Not Work Both Ways

Hale v. Hyundai Motor Manufacturing Alabama, LLC (hereinafter HMMA) On January 6, 2012 the Alabama Court of Civil Appeals released an opinion on the issue of collateral estoppel in a retaliatory...

Read More
  • 13
  • Sep
  • 2011

Arbitration Agreement Which Splits Costs of Arbitration Cannot be Modified by Trial Court

  Don Drennen v. McClung   The Alabama Supreme Court recently issued an opinion reversing a trial court’s order that modified the payment structure for costs in relation to an arbitration agreement.   The plaintiff...

Read More
  • 25
  • Mar
  • 2011

Alabama Court of Civil Appeals Affirms Retaliatory Discharge Verdict in favor of Employee

Black Creek , Inc. v. Woods The Alabama Court of Civil Appeals affirmed the Etowah County Circuit Court’s ruling in a retaliatory discharge lawsuit with no opinion in Black Creek Inc...

Read More
  • 19
  • Nov
  • 2010

Retaliatory Discharge Claim Survives Plaintiff's Death

Gibson v. Staffco L.L.C.:   On October 11, 2010, the Alabama Court of Civil Appeals released an opinion dealing with the survivability of a workers’ compensation retaliatory discharge claim. The employee filed...

Read More
  • 03
  • Nov
  • 2010

Alabama Supreme Court Affirms Retaliatory Discharge Bench Verdict in Favor of Employee

Ex parte Ray Keith Wood: On Friday October 29, 2010, the Supreme Court of Alabama handed down a decision concerning retaliatory discharge in a workers’ compensation claim. The employee suffered an injury...

Read More
  • 11
  • Sep
  • 2010

Retaliatory Discharge Claim May Proceed to Arbitration

Dillard’s Inc. v. Kenneth Gallups: On September 10, 2010, the Alabama Court of Civil Appeals released this opinion in which it considered whether a retaliatory discharge claim (that stems from a...

Read More
  • 24
  • Aug
  • 2010

Another Successful Defense Against Retaliatory Discharge Claim

An Etowah Count Jury returned a defense verdict in a retaliatory discharge claim on September 30, 2009. At trial, the evidence revealed that the employee was working for a lawn service...

Read More
  • 09
  • May
  • 2010

RETALIATORY DISCHARGE VERDICT REVERSED

M & J Materials, Inc. v. Isbell: On May 7, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court’s decision to deny the employer’s...

Read More
  • 16
  • Mar
  • 2010

EMPLOYER WINS RETALIATORY DISCHARGE CLAIM ON APPEAL

Black Creek, Inc. v. Ray Keith Wood: On March 12, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed a denial of a motion for a judgment as...

Read More
  • 16
  • Mar
  • 2010

PLAINTIFF WINS RETALIATORY DISCHARGE CLAIM BUT IS AWARDED NO DAMAGES

Early last year in the Circuit Court of Etowah County, the trial judge entered judgment in favor of a plaintiff in her retaliatory discharge claim but awarded her no compensatory...

Read More
  • 16
  • Mar
  • 2010

PLAINTIFF WINS RETALIATORY DISCHARGE CLAIM BUT IS AWARDED NO DAMAGES

Early last year in the Circuit Court of Etowah County, the trial judge entered judgment in favor of a plaintiff in her retaliatory discharge claim but awarded her no compensatory...

Read More
  • 17
  • Jan
  • 2010

SHELBY COUNTY JURY RETURNS $300,000.00 VERDICT IN RETALIATORY DISCHARGE CASE

James Nichols v. Material Delivery Services, Inc.: On January 15, 2009, a Shelby County jury returned a verdict against an employer and assessed $75,000.00 in compensatory damages and $225,000.00 in punitive...

Read More
  • 28
  • Oct
  • 2009

JEFFERSON COUNTY JURY FINDS IN FAVOR OF EMPLOYER IN RETALIATORY DISCHARGE CLAIM

On June 25th, 2009, a Jefferson County jury returned a verdict in favor of the employer in a retaliatory discharge lawsuit. It was uncontested that the plaintiff was terminated after...

Read More
  • 31
  • Jul
  • 2009

ALLEGING THAT OTHER EMPLOYEES DID IT DOES NOT ESTABLISH THAT THE EMPLOYER APPLIED POLICES IN A DISCRIMINATORY MANNER IN A RETALIATORY DISCHARGE CASE

Black Creek, Inc. v. Ray Keith Wood On July 31, 2009, the Court of Appeals reversed the trial court’s ruling in favor of the plaintiff’s retaliatory discharge claim based on his...

Read More
  • 20
  • Jan
  • 2009

UNEMPLOYMENT HEARING AFFECTS AFFIRMATIVE DEFENSE IN RETALIATORY DISCHARGE CASE

Ex parte Gadsden Country Club: On January 16, 2009, the Alabama Supreme Court released this opinion wherein it denied the employers’ petition for a writ of mandamus. Specifically, the employee sued...

Read More