Candice L. Rucker

Associate at @PhelpsDunar handling employment, civil rights, and appellate litigation. Former Fifth Circuit clerk. @UofAlabama and @MC_Law alum.

[Kaylee Beauchamp @AppealsAlabama]

#ALSCT: Reversing summary judgment in favor of law firm in a petition for dissolution of the law firm because a Rule 56 hearing should have been held on a previous law firm member's motion to dismiss, which was treated as a motion for summary judgment https://t.co/BOh1VS91Wa

[Kaylee Beauchamp @AppealsAlabama]

#ALSCT: Holding Section 6-5-530 abrogates Supreme Court's decision in Wyeth, Inc. v. Weeks, thus confirming that, under the applicable Alabama statute, a pharmaceutical manufacturer cannot be liable for injury caused by a product it did not manufacture https://t.co/ulYR0ujC8K

[Kaylee Beauchamp @AppealsAlabama]

#ALSCT: Directing lower court to vacate order appointing guardian ad litem for minor parties b/c nothing showed a conflict of interest between any parent or minor involved, and no settlement agreement had been proposed, so guardian ad litem was unnecessary https://t.co/TGGKHkmw4c

[Kaylee Beauchamp @AppealsAlabama]

#ALSCT: Affirming MSJ favoring property owner b/c leasee failed to comply with provisions requiring leasee to purchase and maintain insurance, which was a material breach of the commercial-lease agreement, entitling owner to terminate the lease agreement https://t.co/5FJ5EbKZn5

[Kaylee Beauchamp @AppealsAlabama]

#ALSCT: Issuing writ of mandamus and directing transfer of action to another venue because a substantial part of the events giving rise to action for breach of contract and bad faith against insurance company did not occur in county where accident occurred https://t.co/htoXzf2tj5

[Candice L. Rucker @alappeals]

#ALSCT Denying a petition for writ of mandamus based on allegations of psychotherapist-patient privilege because the petitioner's employment records did not contain privileged communications https://t.co/6h6Kvb4t1B

[Candice L. Rucker @alappeals]

#ALSCT Affirming the trial court's Rule 12(b)(6) dismissal, holding that the Mayor of Selma had failed to state a claim against the Selma City Council for passing an ordinance giving the council authority to appoint certain municipal officials https://t.co/Ftg1HhC0L7

[Angela Schaefer @AppellateUpdate]

#ALSCT: Dismissing appeal after holding judgment void for mootness where third party satisfied defendant’s debt to plaintiff security holder https://t.co/c9DJu46j0E

[Angela Schaefer @AppellateUpdate]

#ALSCT: Remanding after finding genuine issue of material fact over whether husband who ran over wife had wife’s permission to drive her car, in insurance coverage dispute https://t.co/yZI87zvrNI

[Kaylee Beauchamp @AppealsAlabama]

#ALSCT: Affirming trial court’s (1) finding that the law firm’s garnishment answer was untrue, and (2) order in favor of the credit union that debtor-employee’s income from law firm be garnished https://t.co/gJ2tkx5ENW

[Kaylee Beauchamp @AppealsAlabama]

#ALSCT: Affirming trial court’s conclusions that none of the attorney-defs breached the standard of care in representing plf -- no negligence in drafting complaint, or any breach of the standard of care by failing to apprise plf of that alleged negligence https://t.co/VPdrmfAQno

[Angela Schaefer @AppellateUpdate]

#ALSCT: Holding statute of frauds doesn't bar party from enforcing oral stock purchase contract when party had fully performed his obligations under the contract https://t.co/NXLG9VsT0L

[Angela Schaefer @AppellateUpdate]

#ALSCT: Holding two-year statute of limitations in Ala. Code 35-4-76(a) barred City of Guin's enforcement of option to repurchase real property in contract https://t.co/tVqdFjLNi3

[Candice L. Rucker @alappeals]

#ALSCT Directing the Jefferson Co. Circuit Court to grant the motion for change of venue to Marshall Co. Circuit Court under the interest-of-justice prong of Alabama's forum non conveniens statute because Marshall Co. has a strong connection with the suit https://t.co/IoU6I98Leo

[Candice L. Rucker @alappeals]

#ALSCT Interpreting (for the first time) Ala. Code s. 12-24-3 and affirming the denial of plaintiffs' motion to recuse Judge Robert Vance based on his acceptance of campaign contributions from defendants' counsel https://t.co/V5A7ZnrPW1

[Kaylee Beauchamp @AppealsAlabama]

#ALSCT: Aff’ing judgment because, due to prior quiet title action in appellee’s favor, appellant is precluded by doctrine of res judicata from claiming interest in property, but aff’ing denial of appellee/cross-appellant’s motion for award of attorney fees https://t.co/SfIfcQZtgT

[Kaylee Beauchamp @AppealsAlabama]

#ALSCT: Dismissing appeal as untimely filed because the post-judgment motion to reconsider was denied by operation of the law and 42 days from that denial had past before filing the notice of appeal; thus, the jurisdiction of the Court had not been invoked https://t.co/U0QqzbUVOB

[Kaylee Beauchamp @AppealsAlabama]

#ALSCT: Rev'ing trial ct's denial of customers' motion to compel arbitration b/c the prior Terms of Service (TOS) had a clause that arbitrator was to decide arbitrability, which includes issue of whether new TOS excluded arbitration of customers' disputes https://t.co/AOzd1uPJF9

[Candice L. Rucker @alappeals]

#ALSCT Reversing the trial court's grant of summary judgment because the movant did not establish any evidence of a contract between him and the defendant and was thus not entitled to judgment as a matter of law https://t.co/MRsuXzfwOp

[Kaylee Beauchamp @AppealsAlabama]

#ALSCT: Reversing trial court's award of postjudgment interest because a settlement sum interpleaded from an underlying case was not a "money judgment" on which interest could accrue https://t.co/pegNyqTKzA