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Lee Smith Publishers, a division of BLR, is a leading provider of legal, legislative, and political intelligence for attorneys, business leaders, elected officials and lobbyists. Lee Smith Publishers information tools include the online and print Tennessee Attorneys Memo, providing weekly summaries of critical appellate court decisions for almost 50 years. We also offer the online and print Alabama Law Weekly.

09/22/2026

⚖️ This Week in Alabama Law Weekly (Vol. 35, No. 39)

This week’s issue takes a closer look at the legal battle surrounding the ex*****on of Jeffery Lee, who was executed by lethal injection after successfully challenging Alabama’s nitrogen-hypoxia protocol. His case involved two rounds of federal litigation over the method of ex*****on and renewed attention on Alabama’s former practice of judicial override.

Also in this week’s issue:

🔹 A default judgment was found void after the trial court failed to provide the required notice and hearing.

🔹 The Court of Civil Appeals held that an adoption contest must be transferred from probate court to juvenile court when the statutory requirements are met.

🔹 Foster parents prevailed on a due-process challenge after they were not given adequate notice that a hearing would determine the children’s custody.

🔹 A paternal aunt won the right to intervene in a dependency case to pursue custody of her niece.

📖 Read these decisions, rehearing notices, and more in the September 25 issue of Alabama Law Weekly.

09/18/2026

Can a federal judge ban a defendant from contacting any member of Congress?

In United States v. Hayes, the 6th Circuit ruled that blanket congressional contact bans on supervised release are overbroad and infringe on First Amendment rights. However, a Chattanooga man’s sentence stands because defense counsel failed to object at trial.

Plus in Issue 40:
• Criminal Law: Why domestic assault isn't a lesser-included offense of aggravated assault by strangulation.
• Public Records: Cold case homicide files remain exempt from TPRA disclosure.
• Zoning & AG Opinions: AG Op. 26-08 clarifies county zoning authority over farm pond excavations and mining.

Read the full issue on Monday!

09/14/2026

ALW 35-38
September 18, 2026

This week in Alabama Law Weekly:

A second major statewide residency dispute has moved into Alabama court. Republican lieutenant governor nominee John Wahl is facing a lawsuit challenging whether he satisfies the Alabama Constitution’s seven-year residency requirement. The case comes as the Alabama Supreme Court considers a separate residency challenge involving gubernatorial nominee Tommy Tuberville — an appeal that could provide important guidance on whether and when Alabama courts may hear pre-election eligibility challenges.

Also this week:

⚖️ The Alabama Court of Civil Appeals held that John P. Schuessler was entitled to appeal the denial of his Rule 60(b) motion because the denial constituted a final judgment independently supporting an appeal.

⚖️ The Court of Civil Appeals also reversed in James Smith v. Kendall Smith, concluding that Smith was entitled to a hearing on his postjudgment motion because his challenge to a contempt finding had probable merit.

Read these decisions and more in this week’s Alabama Law Weekly. Contact customer support to start your subscription of ALW.

09/11/2026

Next Week's Tennessee Attorneys Memo Preview:: Tennessee Supreme Court September Docket, First-Party Spoliation, & Major Practice Decisions
🔹 Supreme Court Feature: The high court considers whether Tennessee should adopt an independent tort for intentional spoliation of evidence, the mechanics of partial Rule 41 non-suits, and class-action objector fee-splitting ethics.
🔹 Attorney Discipline Standard of Review: The Supreme Court establishes de novo review for BPR sanction appeals under Rule 9, § 33.1(d), modifying a permanent disbarment to a five-year suspension (Dance v. BPR).
🔹 Public Records & Cold Cases: The Court of Appeals addresses TPRA exemptions for open cold-case homicide files and clarifies specificity rules for officer personnel requests (LaForce v. Metro).
🔹 Out-of-State Service of Process: Substituted service at a New Jersey residence on an NBA player's uncle holds up, affirming a $758K summary judgment (Werner v. Melton).

09/08/2026

⚖️ This Week in Alabama Law Weekly (Vol. 35, No. 37)

Alabama lawmakers are looking ahead to possible new restrictions on Flock cameras and other automated license-plate readers. With proposals involving warrants, data-retention limits and consequences for misuse, the debate raises important questions about privacy, law-enforcement access and the Fourth Amendment. An Alabama federal case now before the Eleventh Circuit adds another dimension to an issue that could receive early attention when lawmakers return in 2027.

Also in this week's issue:

▪️ Taxation — Pfizer: The Alabama Court of Civil Appeals upheld the denial of Pfizer's claimed deduction for a 2012 interest payment that was indirectly paid to Luxembourg affiliates where it was not subject to taxation. On the Department of Revenue's cross-appeal, the Court affirmed the sealing of trial exhibits but reversed the order sealing the trial transcript because the required written findings had not been made.

▪️ Constitutional Law — Commercial Fishing: The Eleventh Circuit concluded that members of the Gulf of Mexico Fishery Management Council exercised significant federal authority through statutory veto powers, but the constitutional defect did not justify vacating the challenged gag-grouper rule because those powers played no role in its development or promulgation.

▪️ Employment Discrimination: The Eleventh Circuit revived race-discrimination and retaliation claims brought by DeMarkus Hall and Eddie Hughes, concluding that the evidence could permit a reasonable jury to find intentional discrimination and retaliation.

▪️ Federal Taxation: The Eleventh Circuit affirmed the IRS's rejection of Andrew J. Filipowski's $1.5 million offer to settle approximately $140 million in outstanding tax liability, concluding that the agency did not abuse its discretion in relying on public-policy and tax-compliance concerns.

Plus, this week's rehearing notices from Alabama's appellate courts.

📖 Read Alabama Law Weekly — Vol. 35, No. 37 | September 11, 2026

09/01/2026

⚖️ This Week in Alabama Law Weekly (Vol. 35, No. 36)

The battle over Republican gubernatorial nominee Tommy Tuberville’s eligibility to serve as Alabama governor is now before the Alabama Supreme Court.

Tuberville, Attorney General Steve Marshall and the Alabama Republican Party are urging the Court to uphold the dismissal of the residency challenge, while challengers Brooke Lynn Dorgan and Justin Jude LeBlanc argue that Alabama courts have authority to hear their quo warranto claim. At this stage, the central issue is not where Tuberville legally resides, but whether the challengers can use quo warranto to obtain judicial review of his constitutional eligibility before the general election.

Also in this week’s issue:

🔹 QDRO & Subject-Matter Jurisdiction — Cameron Brock Love obtained mandamus relief from a QDRO entered eight years after his divorce. The Court of Civil Appeals held that the trial court never acquired subject-matter jurisdiction because the required filing fee had not been paid and directed the trial court to vacate the third QDRO and subsequent orders.

🔹 Juvenile Dependency & Custody — The Court of Civil Appeals affirmed judgments finding two children remained dependent based on their mother’s limited financial circumstances. The Court declined to reweigh the evidence supporting the juvenile court’s findings.

📖 Catch up on these developments and more in the September 4, 2026 edition of Alabama Law Weekly. It will be delivered to subscribers' mailboxes on Thursday, 3 at 1 pm.

08/25/2026

⚖️ This Week in Alabama Law Weekly (Vol. 35, No. 35) August 28, 2026

The Alabama Supreme Court reversed an order requiring the complete demolition of a nine-building apartment complex near downtown Birmingham after concluding that permanent, irreversible relief had been awarded through proceedings noticed only as preliminary. This week’s lead story examines the Court’s determination that lender Lima One Capital was entitled to notice that the preliminary-injunction hearing had been consolidated with a trial on the merits before Birmingham could obtain the ultimate relief sought in its nuisance-abatement action.

Also in this week’s edition:

🏛️ Alabama Supreme Court — The Court held that a circuit court retained supervisory jurisdiction over the Jefferson Probate Court despite the probate court’s concurrent equitable jurisdiction, reversing the dismissal of a mandamus petition challenging a forensic-accounting order.

🚌 Public Employment — The Court of Civil Appeals reversed the termination of a Lauderdale County school-bus driver because the superintendent failed to establish that the employee received the required factual basis for his proposed termination under the Students First Act.

⚖️ Criminal Law — A pharmacy-robbery sentence was reversed after the Alabama Supreme Court determined that the Habitual Felony Offender Act gave the trial court discretion to impose either life imprisonment or life imprisonment without parole. The Court of Criminal Appeals remanded for a new sentencing hearing.

✈️ Eleventh Circuit — Delta Air Lines and Aeromexico successfully challenged the Department of Transportation’s termination of their joint venture and antitrust immunity. The Court concluded that DOT failed to reasonably explain its departure from prior market-analysis practices and its different treatment of similar joint ventures.

🏛️ Attorney General — The Alabama Attorney General concluded that Act 2026-345 did not remove the Public Service Commission’s authority under § 37-1-12.1 to employ qualified personnel in the unclassified service.

📖 Catch up on these developments and more in the August 28 edition of Alabama Law Weekly!

Subscribers will receive their issue via email on August 27, 2026.

08/24/2026

MONDAY IN TAM (Vol. 51, No. 36)

Supreme Court Ruling on Conditional Guilty Pleas: What happens when an appellate court determines that a reserved certified question of law isn't "dispositive"? For years, defendants faced automatic appellate dismissal—leaving their conviction intact without receiving the review bargained for in their plea deal. In a major unanimous ruling, the Tennessee Supreme Court changes the game (State v. Bishop): appellate courts can no longer simply dismiss the appeal—they must vacate the conviction and remand to allow the defendant the opportunity to withdraw the conditional guilty plea.

Also featured in Monday's issue: Family Law: Why awarding alternating-week parenting time to a father absent for nearly 3 years was an abuse of discretion when parents are completely incapable of basic communication (Coleman).

Class Actions & Healthcare: Can unnamed class members bypass mandatory THCLA pre-suit notice requirements? The Court of Appeals rules on class certification in a dental exposure case (Doxley).

Government & School Budgets: A new Attorney General opinion outlines enforcement mechanisms during county educational budget impasses and default TISA funding rules.

Workers' Comp: Why seeking benefits for a common condition like "trigger finger" opens the door to 10 years of prior medical records (Kean).

Subscribers will receive their issue on Monday at 5PM.

08/19/2026

The next issue of the Fourth Circuit Review (42FCR17) will be delivered to subscribers' inboxes by 8:00 AM on Monday, August 24.

This issue includes opinions related to bankruptcy, civil procedure, civil rights, criminal law, employment law, government, immigration, and more.

To subscribe, contact Customer Service at 1 (800) 727-5257 or via email at [email protected].

08/18/2026

⚖️ This Week in Alabama Law Weekly (Vol. 35, No. 34) August 21, 2026

Alabama’s 2026 election is taking shape amid significant court battles affecting both the state’s congressional races and the race for governor. This week’s feature examines the redistricting litigation that reshaped several congressional contests and the pending Alabama Supreme Court appeal challenging Republican gubernatorial nominee Tommy Tuberville’s residency eligibility.

Also in this week’s edition:

⚖️ Alabama Supreme Court — State Farm obtained partial mandamus relief in a dispute over a protective order permitting confidential discovery to be shared in other bad-faith roof-claim cases. The Court allowed discovery sharing but required tighter limits and additional safeguards.

🚆 Eleventh Circuit — The Court upheld the Federal Railroad Administration’s 2024 Crew Size Rule, rejecting challenges to the agency’s authority and decision-making in generally requiring two-person train crews while allowing pathways for one-person operations.

🏠 Insurance — The Eleventh Circuit held that Alabama law did not prohibit USAA’s innocent-insured exclusion, vacating a breach-of-contract judgment and remanding for a new trial while affirming summary judgment on the bad-faith claim.

🌿 Administrative Law — The Eleventh Circuit rejected a challenge to EPA approval of Mosaic Fertilizer’s use of phosphogypsum in a Florida road project, concluding that the agency adequately supported its technical risk assessment.

📖 Catch up on these developments and more in the August 21 edition of Alabama Law Weekly!
Subscribers will receive their issue via email on August 21, 2026

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