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¶ … United States District Court for the Northern District of Alabama ruled correctly in awarding partial summary judgment in this case. The summary judgment was granted in accordance with Rule 56(c) (3), Ala. R. Civ. P. Under Rule 56(c)(3), "summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law."
"If the moving party makes a prima facie showing that no genuine issue of material fact exists, then the burden shifts to the nonmovant." Bass v. Southtrust Bank, 538 So. 2d 794,798 (Ala. 1989). This burden requires the nonmovant to show "substantial evidence" in support of his position. id at 798.
Porter fails to show substantial proof of exposure to HIV on which his claim of emotional distress is based. Lacking proof of actual HIV exposure the plaintiff cannot...
He shows that his fear caused him to miss work and suffer weight loss (R 4). Porter claims these fears continued even after three separate HIV tests and after he had been reassured that his chances of contracting HIV after one year was negligible by his personal physician (R 18). While he shows his fear he still fails to show "substantial" evidence upon which the fear maybe based. Without "substantial proof" of a material fact on which the claim can be made.
In Grantham v. Vanderzyl, 802 So. 2d 1077, 1081(Ala. 2001), the Alabama supreme court stated "the mere fear of contracting a disease, without actual exposure to it, cannot be sufficient to cause the level of emotional distress necessary for this cause of action." In Grantham, like…
U.S.C. § 48 is not aimed at specific instances of animal cruelty, but specifically at the creation and distribution of depictions of such abuse for the purposes of interstate and/or foreign commerce. This is the act that the appellant was unarguably engaging in when apprehended by law enforcement, and the fact that the law is not aimed at those participating directly in acts of animal cruelty does not in
.....criminal justice system protects the public from criminals and criminal activity by investigating, catching, and thwarting crime. Although some countries have similar methods of punishing criminals and preventing crime, many countries have different methods and strategies. Norway has its own way of handling criminals and criminal investigations that often involves a decentralized police and investigative force. The United States operates via tiered system: federal, state, and local (Cole, Smith, &
Environmental Case Study Case Title: SWANCC v. U.S. Army Corps of Engineers Parties: The Petitioner is the Solid Waste Agency of Northern Cook County (SWANCC) and the respondent is the U.S. Army Corps of Engineers United States Court of Appeals for the Seventh Circuit Facts: The petitioner, SWANCC, is a consortium of 23 suburban Chicago cities and villages that united in an effort to locate and develop a disposal site for baled nonhazardous solid waste. SWANCC had
The law's intended purpose of preventing and detecting future attacks was the dominant concern of lawmakers. Yet, the hasty manner in which the law passed through Congressional lawmaking processes causes opponents to argue that lawmakers gave disproportionate consideration to the law enforcement and intelligence community's viewpoint in drafting the provisions. It is thought that in the future the law will face many challenges in the court system. Even though
Concussion Management and the NCAA Litigation Case -- Concussion Management The case of Adrian Arrington, Derek Owens, Mark Turner and Angela Palacios v. National Collegiate Athletic Association arose from the consolidation of a On September 12, 2011, a class action filed against the National Collegiate Athletic Association (NCAA), Adrian Arrington v. NCAA, on September 12, 2011, and a second lawsuit, Derek Owens et al. v. NCAA. The complaints allege that the NCAA
UK Healthcare Within this section of Chapter One, a historical perspective of NHS will be provided. This discussion will identify problem areas that have emerged in relation to NHS with an attempt made to address the manner in which such problems have historically influenced reform efforts. With the passage and associated provisions of the NHS Act of 1946, NHS was implemented in the UK in 1948. The NHS Act of 1946 served