Knight Griffith, LLP

How long do I have to file a lawsuit?

JeremyCline — Mon, 07 Nov 2011 17:27:40 +0000

It depends on the nature of the offense committed against you. Statues of limitations are enacted by state legislatures to govern the time limits in which a suit may be brought. For the most serious of offenses, there may be no limitation upon which a plaintiff is required to bring suit; however, for the “less” serious of offenses, the legislature may require a plaintiff to bring suit before the end of two years since the alleged offense occurred. For example, there is no time limit for the crimes of rape or murder upon which a plaintiff may bring suit against an opposing party. And, for the crimes involving intentional torts and personal injury actions, there is a time limit of two years upon which a plaintiff may bring suit against an opposing party (in the state of Alabama).

Alabama’s Statutes of Limitations:

Any capital offense: No Limit.

Contracts: 6 years, or 10 years if under seal.

Counterfeiting(felony): No Limit

Drug trafficking: No Limit.

Forgery (felony): No Limit.

Fraud: 2 years from when the fraud was or reasonably should have been discovered.

Injury to personal property: 6 years

Intentional Torts: 2 years

Libel / Slander / Defamation: 2 years

Medical Malpractice Actions: 2 years after date giving rise to injury, or within six months of the date the injury should have been discovered. In no event may a suit be filed more than four years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over four years of age. However, in the case of a minor under four years of age, that minor has until his or her eighth birthday to file a medical malpractice action.

Open accounts for debt collections: 3 years

Personal Injury Actions: 2 years from the date of injury.

Products Liability Actions: Within 1 year of the date the injury occurred. Or if the injury is not discovered right away, the plaintiff has within 1 year the injury is, or should have been discovered, to file a law suit.

Rape: No Limit.

Rule for Minors: Limitation period begins to run on the minors 19th birthday, except in cases of medical malpractice or wrongful death.

Wrongful Death: 2 years

Can I carry my gun across state lines?

JeremyCline — Mon, 10 Oct 2011 15:44:47 +0000

Yes. Alabama’s Gun Reciprocity Law allows for residents to lawful carry concealed weapons into other states, and it allows for non-residents to lawful carry concealed weapons into Alabama. However, (1) you must have a current concealed weapons permit and (2) the state(s) you are traveling to must have entered into an agreement to recognize Alabama’s Gun Reciprocity Law.

Note: Not all states recognize Alabama’s Gun Reciprocity Law. For a complete list please visit the Alabama Attorney General’s website here. And for the statute’s legislative history click here.

KNIGHT GRIFFITH Partner and Co-Counsel Victorious in Challenging New Immigration Law

JeremyCline — Thu, 29 Sep 2011 21:31:31 +0000

September 28, 2011

We believe that our involvement in this case was necessary and important. Our clients are proud as Benedictines to have joined with Bishop Baker in challenging this unjust law. For the sake of our faith community and the many people we serve, it was vital that we sought to protect our Benedictine members, parishioners and many volunteers with whom our clients work from criminal prosecution as they go about our Christian mission.

We are comforted that Judge Blackburn’s ruling today protects our Church ministries from prosecution under this law, and that our religious freedoms will be protected. We are especially gratified that the Court specifically stated that Catholic marriages, baptisms and other Sacraments may proceed as they did before this law was passed.

Our clients will continue to provide food, shelter, transportation, housing and the Sacraments to all of God’s children, regardless of race, class or citizenship status.

S. Lynn McKenzie, Partner, Knight Griffith, LLP

R. Champ Crocker, Attorney At Law

Counsel for The Benedictine Society of Alabama and The Benedictine Sisters of Cullman

What is a summary judgment?

JeremyCline — Mon, 26 Sep 2011 12:05:06 +0000

A summary judgment is a procedural matter that is used to speed up the process of civil litigation. It allows for the court to rule upon a complaint before the trial begins. When facts pertaining to a case are no longer disputed, a summary judgment maybe granted. The plaintiff and defendants are allowed to motion for a summary judgment. Also, the judge, at his own discretion, may decide to rule on a summary judgment without being petitioned by either party.

What is an Option Contract?

JeremyCline — Mon, 19 Sep 2011 16:40:02 +0000

An option contract is a contract that allows the offeree the “option” of opting out of a contract once he begins performance, but prior to completion, of his set of terms of the contract. Whereas, the offeror is prohibited from revoking the contract once the offeree has started his performance. Option contracts generally arise during unilateral contracts. They are necessary in protecting the offeree from unjust, unfair from the offeror.

For example: Homeowner Helen promises to pay Pressuring-washing Paul $500.00 to pressure-wash her home. Paul agrees. At this point, Helen has the power to revoke her offer. However, once Paul begins pressuring-washing her home, she no longer has the option of revocation. Whereas, Paul can either complete the job or decide not to. If he does complete the job, he is entitled to the promised $500.00 compensation Helen promised. If he does not, Helen is not required to provide him any compensation.

What is a grand jury?

JeremyCline — Mon, 12 Sep 2011 11:30:18 +0000

A grand jury is selected not to find someone guilty or not guilty like a trial jury, but to decide whether or not someone should be charged with a crime. That is, they hear evidence from the prosecution and the defense to decide whether a suspect should be formally charged and brought to trial. Grand juries are typically selected the same way are trial juries using the same pool of lay-people. Typically, grand juries do not meet as regularly as trial juries. A grand may meet as little as twice a month while a trial jury will usually meet daily until the completion of the trial.

What is a preliminary injunction?

JeremyCline — Mon, 29 Aug 2011 04:49:17 +0000

A preliminary injunction is a motion usually presented before a judge pre-trial to request that a course of conduct be halted before the originally scheduled court date, e.g., the implementation of a legislative statute. For example, Knight Griffith partner Sister Lynn McKenzie presented a preliminary injunction on August 24 to halt Alabama’s new immigration from being implemented on September 1 before the case will be heard at the later scheduled trial.

What is Subrogation?

JeremyCline — Mon, 22 Aug 2011 12:54:10 +0000

Subrogation is the process where one entity steps into the shoes of another entity to enforce a legal right. We most often see the application of this principle in the context of an accident or injury caused by someone’s negligence. For example, if you are injured in an automobile accident due the negligence of a third party, your health insurance company has a contractual right of subrogation to recoup the medical expenses it pays to your doctors for treatment received as a result of injuries received in the accident. Likewise, your automobile insurance carrier has the same contractual right of subrogation to recover from the negligent third party the money it pays to you for your property damage and medical expenses. The insurance companies have the right to “step into your shoes” and file a lawsuit against the third party to recover their losses

What is a conspiracy?

JeremyCline — Mon, 15 Aug 2011 03:47:48 +0000

A conspiracy is an agreement by two or more persons to commit a criminal act or series of criminal acts, or to accomplish a legal act by an unlawful means. The government (prosecution) must prove beyond a reasonable doubt the following three elements: (1) an agreement was formed between two or more individuals, (2) the individuals knowingly or voluntarily joined the conspiracy, and (3) in Alabama, at least one overt act, a lawful or unlawful act in the furtherance of the commission of the conspired offense, must be made by at least one c0-conspirator. Thus, the agreement is the crux of the conspiracy.

KNIGHT GRIFFITH Partner Appointed to Cullman County Health Care Authority

JeremyCline — Mon, 15 Aug 2011 03:04:11 +0000

KNIGHT GRIFFITH, LLP partner Todd McLeroy was recently appointed to a six-year term on the Cullman County Health Care Authority, which operates Cullman Regional Medical Center, and has been elected as vice chairman of the board.