What a Difference A Year Makes

Dear NONE ,

For the 2004 Alabama State Bar Convention, Mike Beard of our law firm took a hard look at the decisions made by the Alabama Supreme Court during the past twelve (12) months that have and will impact upon trial practice.  If you wish to read the full article, called "What a Difference a Year Makes", go to our web site.

In Mike's review of the decisions, he noted four trends of concern.  First, in all but seven (7) of 35 arbitration rulings over the last year, the Court sided with the defendant and enforced arbitration. Second, while the Court considered only five (5) cases dealing with class action issues over the last year, the rulings are clearly pro-business.  In three (3) of five (5) decisions, the Court reversed class certification orders entered by trial judges.  Third, in the employment arena, the Court has rendered three decisions which virtually emasculate the retaliatory discharge remedy provided by the Legislature for those employees who find themselves terminated because they filed a workers' compensation claim.  Finally, the Court has been very aggressive in either reversing damages awards or cutting damage awards substantially.  Indeed, in 25 of the 31 decisions dealing with damages issues, the Court took away a damage award, either in whole or in part.  Overall, these decisions reflect an erosion of the right to trial by jury and the growing ease with which the appellate court will substitute its judgment for that of twelve (12) jurors and a trial judge who hears evidence.

If you wish to read a summary of the civil decisions in chart form, go to our web site .