Ex parte Taylor, M.D. (attorneys involved: Sybil Newton, Todd Huntley & George Newton)
The Alabama Supreme Court granted the Defendant Physician’s Petition for Writ of Mandamus by holding that the circuit court exceeded its discretion by denying the Defendant’s Motion to Strike the Plaintiff’s first amended complaint based on undue delay. The Plaintiff’s original complaint in this retained foreign body/sponge case asserted a breach of the standard of care during the wrong surgery and on the wrong date. The Plaintiff ultimately attempted to amend to address the erroneous allegations, which the trial court allowed. The Alabama Supreme Court agreed that due to “truly inordinate and unexplained delay,” the attempt to amend should have been stricken and issued a writ ordering the circuit court to vacate its Order granting leave to amend her complaint.
Ex parte Alabama-West Fla. Conference of the United Methodist Church Inc. (In re: Auburn Methodist Coaltion, Inc. v. AL-W.Fla. Conf. of the UMC) (attorneys involved: Bob MacKenzie, Sybil Newton, Stephen Still & John Hemmings)
The Alabama Supreme Court granted the Defendant’s (AL-W.Fla. Conference of the UMC) Petition for Writ of Mandamus and directed the trial court to dismiss the Plaintiff’s Complaint based on the ecclesiastical abstention doctrine and a lack of subject matter jurisdiction. The Court agreed with the Conference that the lawsuit was, at its core, asking the circuit court to review an ecclesiastical dispute/effort to compel a congregational vote on disaffiliation from the UMC rather than a property dispute (as the Plaintiff asserted). The Court therefore reversed the trial court’s denial of the Conference’s Motion to Dismiss and directed the trial court to dismiss the Complaint in its entirety. (The matter is currently being reviewed on rehearing)
Herd v. Park Manor Health and Rehabilitation LLC; et.al. (attorneys involved: Reed Bates, Stephen Still & Amber Whillock)
The Alabama Supreme Court issued a favorable ruling in this appeal in which the Defendants sought to compel arbitration of the Plaintiff’s wrongful death/medical malpractice claims against a long-term health facility. The Court affirmed without opinion the trial court’s order requiring the Plaintiff’s claims to proceed in arbitration. On appeal, the Plaintiff argued the arbitration agreement was unenforceable on various grounds, including lack of mutuality of obligation. The Alabama Supreme Court rejected those arguments and affirmed the trial court’s order enforcing the parties’ arbitration agreement.
Hixon v. Medical Group (involved attorneys: Sybil Newton, Christian Hines, John McCall & Ann Chapman)
The Alabama Supreme Court affirmed summary judgment in favor of Defendant medical group in this medical malpractice case. The Court agreed with the Defendant that the group was entitled to summary judgment on the Plaintiff’s claims of vicarious liability (the only claims asserted against it) based on the manner in which the Plaintiff previously handled the unopposed dismissal “on the merits” of all claims against the group’s physician/agent on the basis that the claims against the agent were barred by the statute of limitations.
