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2020-Jan-Lawyer.Pdf T h e AlabamaJanuary 2020Lawyer | Volume 81, number 1 L L L L L Alabama’s Appellate A Primer for Navigating An Alabama Lawyer in Preventing Waiver of Alabama’s Class Action Standards of Review in Potential Appellate The United States Arguments on Appeal Statute Turns 20: A Defense Retrospective Civil Cases Issues in Child Custody Supreme Court Page 50 Cases Page 22 Page 46 Page 64 Page 40 c o l u m n s T h e President’s Page JanuaryAlabama 2020 | Volume Lawyer 81, number 1 8 Executive Director’s Report 10 Editor’s Corner 14 On The Cover About Members, A cold winter morning in Among Firms rural Alabama 79 –Photo by Marie Ward, Lanett Important Notices FeaTure arTicles 80 Disciplinary Notices Solo & Small Firm Section Update 84 By Tazewell12 T. Shepard, III Memorials 89 Fall 201917 Admittees Legislative Wrap-Up Alabama’s Appellate Standards of Review in Civil Cases 90 By David G. Wirtes, 22Jr. and Bruce J. McKee The App ellate Corner A Primer for Navigating Potential Appellate Issues in 92 Child Custody Cases By Randall40 W. Nichols W. Gregory Ward, Lanett.......................................Chair and Editor [email protected] An Alabama Lawyer in the United States Supreme Court Wilson F. Green, Tuscaloosa.................................Associate Editor By Allan R. Chason [email protected] 46 Jonathan C. Hill (Rudy), Montgomery......................Associate Editor [email protected] Linda G. Flippo, Birmingham...............................Associate Editor Preventing Waiver of Arguments on Appeal [email protected] By Ed R. Haden, Jason B. Tompkins50 and Robert V. Baxley facebook.com/AlabamaStateBar Alabama’s Class Action Statute Turns 20: A Defense Retrospective By Michael R. Pennington, Scott Burnett Smith and Hunter W. Pearce 64 @AlabamaStateBar @AlabamaStateBar Northern District of Alabama Magistrate Judges, A Critical Article I Extension of an Article III Court youtube.com/TheAlabamaStateBar Alabama Lawyer By Robert E. Battle72 and Adam P. Plant flickr.com/AlabamaStateBar T h e 5 www.alabar.org BOard Of Bar COmmissiOnErs adVerTisers ALABAMA STATE BAR STAFF 1st Circuit, Halron W. Turner, Chatom • 2nd Circuit, J. Levi 415 Dexter Avenue Nichols, Luverne • 3rd Circuit, Elizabeth C. Smithart, Union Springs • 4th Circuit, Jana R. Garner, Selma • 5th Circuit, Larry Montgomery, AL 36104 W. Morris, Alex City • 6th Circuit, Place No. 1, Terri O. Tomp- Alabama Academy of (334) 269-1515 • (800) 354-6154 kins, Tuscaloosa • Place No. 2, Scott B. Holmes, Tuscaloosa • Attorney Mediators...............................9 www.alabar.org 7th Circuit, William H. Broome, Jr., Anniston • 8th Circuit, Emily L. Baggett, Decatur • 9th Circuit, Dana J. Grimes, Ft. ADMINISTRATION Payne • 10th Circuit, Place No. 1, James M. Terrell, Birming- ..................................Executive Director Alabama Court Reporting, Inc.............3 Phillip McCallum ham • Place No. 2, John A. Smyth, Birmingham • Place No. 3, ............................Assistant Executive Director Justin Aday Barry A. Ragsdale, Birmingham • Place No. 4, S. Freddy ..........................................Executive Assistant Rubio, Birmingham • Place No. 5, LaBella S. Alvis, Birming- Alabama Legal & Investigative Diane Locke .....................Director of Communications ham • Place No. 6, Michael D. Ermert, Birmingham • Place Melissa Warnke Services, Inc. ..................................97 .....................Information Systems Manager No. 7, Allison O. Skinner, Birmingham • Place No. 8, Brannon Hunter Harris ......................Special Projects Assistant J. Buck, Birmingham • Place No. 9, Erik S. Heninger, Birming- Katherine Church ham • Bessemer Cut-off, Kenneth Moore, Bessemer • 11th Cir- ........................Director of Publications Attorneys First Insurance .............101 Margaret Murphy cuit, Ralph E. Holt, Florence • 12th Circuit, Carmen F. Howell, Enterprise • 13th Circuit, Place No. 1, C. Zackery Moore, Mo- ADMISSIONS & ATTORNEY LICENSING bile • Place No. 2, Frederick G. Helmsing, Jr., Mobile • Place Attorneys Insurance Mutual ............................Assistant Executive Director Justin Aday No. 3, William R. Lancaster, Mobile • Place No. 4, Bryan E. ...............................Administrative Assistant Of the South......................................2 Sonia Douglas Comer, Mobile • Place No. 5, James Rebarchak, Mobile • 14th .................................Administrative Assistant th Angie Fuqua Circuit, Charles C. Tatum, Jr., Jasper • 15 Circuit, Place No. 1, .................................Administrative Assistant Morgan Lott George R. Parker, Montgomery • Place No. 2, Pat Sefton, Cain & Associates Engineers..........53 ....................Administrative Assistant Montgomery • Place No. 3, Joel D. Connally, Montgomery • Cathy Sue McCurry Place No. 4, C. Gibson Vance, Montgomery • Place No. 5, Jef- Davis Direct........................................99 CENTER FOR PROFESSIONAL frey C. Duffey, Montgomery • Place No. 6, David Martin, Montgomery • 16th Circuit, Bradley W. Cornett, Gadsden • 17th RESPONSIBILITY ............................................General Counsel Circuit, T. Thomas Perry, Jr., Demopolis • 18th Circuit, Place Roman Shaul The Finklea Group .............................87 ....................Paralegal to General Counsel No. 1, W. Randall May, Birmingham • Place No. 2, Mark S. Melissa Lawson Boardman, Chelsea • Place No. 3, Anne Malatia Glass, Birm- ................Deputy Chief General Counsel Jeremy McIntire ingham • 19th Circuit, Robert L. Bowers, Jr., Clanton • 20th Cir- .............................Assistant General Counsel J. Forrester DeBuys, III ..................61 Mark Moody cuit, R. Cliff Mendheim, Dothan • 21st Circuit, J. Kirkman ........................................Paralegal/Investigator Carol Mott Garrett, Brewton • 22nd Circuit, Manish H. Patel, Andalusia • .......................................Disciplinary Clerk rd Stacey Moseley 23 Circuit, Place No. 1, Tazewell T. Shepard, III, Huntsville • Freedom Court Reporting................103 ...........................................CSF Coordinator Laurie Blazer Place No. 2, John A. Brinkley, Jr., Huntsville • Place No. 3, Re- ...........................................................Receptionist bekah K. McKinney, Huntsville • Place No. 4, M. Clay Martin, Julie Lee Huntsville • 24th Circuit, Amanda W. Porter, Fayette • 25th Cir- Insurance Specialists, Inc.................104 th ETHICS DIVISION cuit, Chrissy L. Riddle, Haleyville • 26 Circuit, F. Patrick ...............................................Ethics Counsel Loftin, Phenix City • 27th Circuit, Clint L. Maze, Arab • 28th Tripp Vickers ..........................Assistant Ethics Counsel Circuit, Place No. 1, J. Lynn Perry, Gulf Shores • Place No. 2, LawPay .................................................4 Autumn Caudell J. Langford Floyd, Fairhope • 29th Circuit, Sarah Clark Bowers, Sylacauga • 30th Circuit, Erskine R. Funderburg, Jr., Pell City • PROGRAMS st nd National Academy of ..................................Director of Programs 31 Circuit, H. Thomas Heflin, Jr., Tuscumbia • 32 Circuit, Ashley Penhale rd Distinguished Neutrals .....................7 ..............................Administrative Assistant Jason P. Knight, Cullman • 33 Circuit, Robert H. Brogden, Robyn Bernier Ozark • 34th Circuit, Jeffrey L. Bowling, Russellville • 35th Cir- ..............................Administrative Assistant Vickie Stewart cuit, Clinton H. Hyde, Evergreen • 36th Circuit, Christy W. Gra- The Neutral Solution ......................25 ham, Moulton • 37th Circuit, Andrew D. Stanley, Opelika • 38th ACCOUNTING/TRAVEL Circuit, Deborah L. Dunsmore, Scottsboro • 39th Circuit, Don- ........................................Director of Finance Merinda Hall ald B. Mansell, Athens • 40th Circuit, Gregory M. Varner, Ash- .............................................Financial Assistant Professional Software Kristi Neal land • 41st Circuit, Brett A. King, Locust Fork Corporation.....................................52 aT-LargE BOard mEmBErs LAWYER ASSISTANCE PROGRAM (334) 269-1515 • (334) 834-7576 Diandra S. Debrosse, Birmingham • Raymond L. Bell, Jr., Mobile • Latisha R. Davis, Chattanooga • Judge Charles Price, II, ......Director of Lawyer Assistance Program Robert Thornhill Birmingham • Karen Laneaux, Montgomery • Kira Y. Fonteneau, ...........................................Case Manager Shannon Knight Birmingham • Jeanne Dowdle Rasco, Huntsville • Richard M. .................................Administrative Assistant Joycelyn Hill Kemmer, Jr., Centreville • John T. Stamps, III, Bessemer (USPS 743-090) is published six times a LAWYER REFERRAL SERVICE The Alabama Lawyer year by the Alabama State Bar, 415 Dexter Avenue, Montgomery, GRAPHICThe Alabama DESIGN Lawyer ThePRINTING Alabama Lawyer ...........................................LRS Representative John Dunn Alabama 36104. Periodicals postage paid at Montgomery, Ala- bama and additional mailing offices. POSTMASTER: Send ad- BOard Of EdiTOrs: Marc J. Ayers, Birmingham • PRINT SHOP/BUILDING dress changes to , P.O. Box 4156, ................................Print Shop Manager/ The Alabama Lawyer Robert C. Crocker, Cullman • Aaron L. Dettling, Roderick Palmer Montgomery, AL 36103-4156. Birmingham • Jesse P. Evans, III, Birmingham • Linda G. Building Superintendent is the official publication of the Alabama Flippo, Birmingham • Kira Y. Fonteneau, Birmingham • The Alabama Lawyer Lloyd W. Gathings, II, Birmingham • Gregory H. Hawley, RECEPTIONIST State Bar. Views and conclusions
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