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March 2009 • Vol MARCH 2009 • VOL. 70, NO. 2 Online Now!2.1 Casemaker Having trouble commumcating• • with your commercial ....~~ ~"" map · 1 . rac tice· ·~~ • '9\ ~ ms11rer,!' CallAIM : We're Attorneys llnsu ranee M utua I Te lephone (205) 980-0009 of Alabam ia, lno . Tolll Free (800) 526-124 ,e 200 Inverness Parkway FAX (2,05) 980-9009 Birmingham. Alabama 35242-48 1 3 ..A Mutual! InsuranceCompany Org 1anizedby and for Alabama1Attorneys " www.Attys lnsMut.com 6 Reasons to Purchase the Long Term Disability Insurance Plan through 1he Alabama State Bar PRE · IUM APPLICATION In cclmrralmn L f I ~I\ 511 )'1!.lT , frn.LLim e-OO)'L!ll"'iwill ·1h c applica.LiLmLL If i LWll)' L•wo pages wilh on~· rc.::c·vc I LI olf I h tin.1}'L. r's pn·m i um . 6 qu,:,;;L1Ln WAITI G PERIOD UNDERWRITI G PROCESS Wo1iLing Pcrimb; as hricf JU Jar, arc a, ilahli: lo h1 mo 1 c:a.,;;1.-'lo)'1 u m .1y purc:ha'l,i:up Ill 1.00LIp er A'tsncia1i(,n Jl.kmhi.:n.. monlh in rn,•cr.i.gi:\...-ith nn mcJ iul cum, suhjcL-LLo 1hi: prL-uis,ing ..::om1Lt11m ltm i LJ.Lmn . OWN OCCUPATION BE EFIT l'J) , hcni:foi; if )'L u ;ire unat,lc L•>pi:rfrm n 1hi: 0 OFFSETS material anJ ..u ho,tmlml JuLLi:~,, ff<,ur cieCUpilll,00 Dem.fas ;a,c m, LadJm LL-do.a\4!J o n ,,mhi:r llh.Jbilil}" du1.:1 0 !.idmc :..Llr injury_._l!\'crl if ynu ,ui: .1bl1.:10 Jncomc hcnditi.. d•1w,mc Yli'Orl. For tll()lrf' Jt1.for-m.t1thm conl.ar.i yntu· A. oci,lHon's Plan dJidtdsJrulor buunmn• Spuialists,. lm:. tod«y ol 1· a.47,J'.J959' aT by E·,1mil ,d :s«[email protected] PLANS ADMIN ISTEREO BY: DER\'\'RI rIEN BY: llartforJ I.if.,!r IL 1.1J1."11I ;~~ I ln,ur.111,; ( ·••mp.an)" I IAJH,1,"0fill i,;,111,hur)',(".'I C ,11~9 Lhti.ttudord J: Stn1c G100p.lDC. -- fll. ding I '-Omp1117(If twtford l l"rind lu:rldent :rnsurwna Ccnnp&111. ii f,-, tr{tit .iP'I' 1J.1,YI' M r/11'ttfllll• trJ n 11,;l1t1;m, <1}t)1 r"rkt• #loll,·1..,; ia1dni;·l"lUrJ1 hv I r,rrt!om;I# ,.1.f,•&111or .,\,·o,in1t '11,umf)ft' (,.(117lf'117J1UW1l udu,11m,, Jm11l1IJIDl'J•, mf111.rl,11',1 <If lll'JJ.:(ll• o.JIJ tff1ff > llrlticr M.,llldl IJwf1L'liL,o::.JI ll'MI, ,.,... u?.!JllllUC1J Jr, tp,u UT 1fi.C1,,,JiJll1It..1l ABtcLE is now C.LEALABAMA Advancingyour practice Sarnehigh-Quality programs New ,Gutting-edge customer servlce Weve updated 011 V!lebsiteto gveyou ClE Iha way you want IL • Reg1ster and 1P8Yonline wl91check. deblti or credit 1card • Choose how we contact you.and on ·whattopics • Select from 1nve•. online,and telephone prograrTis • Tel1us what progmmsyou need to succeed! Crea~eyour new accounttoday at www.CLEalabama.com/myaccount Spring2C09 Calendar ----------------------...................... LiveSeminars Teleseminars MARCH rvtAROH 27 T~ SkiHs Seminar Bitmfl1Jllam 17 Raising BusinessC.,ftal Part 1 18 IRtdsing BUsfnessC8pfta1 Pait 2 APRIL 20 rncanuve,in..sta a 0cmtts1c Ae1ab118Pradbl ~ 24 Real Estate Defaulls.~ & Bankruptcy 17 OsposHionB 8irmingham 26 Torts in1Emptoymem Litigation 24 Artlcfe 9 Update Bm1lnaham 31 ~cf PartnemliipJU£lnhnsts MAY APRIL e..eCttyJCounty ,Government Law 2 Handing lndividlllidOtlapter 11 Cases ~81Jac11 7 Engish,,,(Hyl. ~ rOriginin the~ 14 RealEstate DeaJ's.With Ultle or No Leverage 21 Estatel?ilannl~ for AetlrementBenefit& 28 BtJvlng& .Selling FamilyIBuslnessea Pan 11 29 !Buying &.Selling FamilyB1l1S1nesses 1 Part 2 lf'H E UN IYIERSITY Of ALABAMA SCH OOIL OF' lA ,W On the MARCH 2009 • VOL. 70, NO. 2 Cover Sarah Mary Taylor, American, 1916-2000 Hands Quilt, 1988 Cotton/polyester blend Montgomery Museum of Fine Arts Montgomery, Alabama Gift of Kempf Hogan 2004.20.5 Departments In This Issue 87 President’s Page Gathering Clouds and Raging Storms 91 Executive Director’s Report 2008: A Busy Year for the Alabama State Bar 103 ASB Volunteer Lawyers Program 2008 Pro Bono Honor Roll 93 Memorials 97 Important Notices 112 Book Review: Jim Crow and Me, Judicial Award of Merit Local Bar Award of Stories from my life as a civil rights lawyer Achievement Notice of Election By Solomon S. Seay, Jr. Reviewed by Bobby Segall 99 Bar Briefs 114 The Role of Amicus Briefs 101 Young Lawyers’ Section By Ed R. Haden and Kelly Fitzgerald Pate Spring Brings More than Flowers and Showers 120 Removal under Lowery v. Alabama Power Co. 141 Opinions of the By J. Brannon Maner General Counsel Confidential/Sealed Settlements 130 The Agency Argument–What ERISA Plaintiffs and 145 Legislative Defendents Need to Know Wrap-Up By Thomas O. Sinclair and Jenifer Champ Wallis 149 Disciplinary Notices 139 AOC Now Charges AlaCourt Subscribers Per-Page Fee 153 About Members, Among Firms The Alabama Lawyer 85 ALABAMA STATE BAR Robert A. Huffaker, Montgomery......................................Chair and Editor Linda G. Flippo, Birmingham ...................Vice-Chair and Associate Editor 415 Dexter Avenue Brad Carr, Montgomery....................................................Staff Liaison and Montgomery, AL 36104 Director of Communications Margaret L. Murphy, Montgomery..................................Staff Liaison and (334) 269-1515 • (800) 354-6154 Publications Director FAX (334) 261-6310 Marcia N. Daniel.....................Communications & Publications Assistant E-mail: [email protected] Web site: www.alabar.org Board of Editors Daniel J. Britt, Millbrook • Russell C. Buffkin, Mobile • Greg C. Cook, Birmingham ALABAMA STATE BAR STAFF • Katharine A.W. Coxwell, Monroeville • John G. Dana, Birmingham • J. Mark Debro, Huntsville • N. Christian Glenos, Birmingham • C. Paige Goldman, Executive Director ....................................Keith B. Norman Birmingham • Wilson F. Green, Tuscaloosa • F.M. Haston, III, Birmingham • Executive Assistant .....................................Diane Locke Frederick G. Helmsing, Jr., Mobile • Erik S. Heninger, Birmingham • Anne. S. Network Administrator............................Wayne Hughes Hornsby, Tuscaloosa • James F. Hughey, III, Birmingham • B. Keith Jackson, Birmingham • Emily C. Marks, Montgomery • Timothy B. McCool, Carrollton • Reta Computer Programmers...........................Dolan L. Trout A. McKannan, Huntsville • Derek F. Meek, Birmingham • William J. Moore, Jr., Larry Pratt Enterprise • George R. Parker, Montgomery • Gabrielle E. Reeves, Mobile • Robert W. Rieder, Jr., Huntsville • Romaine S. Scott, III, Birmingham • Michael A. Shaw, Scanning Operator .........................................Kristi Neal Daphne • Christopher N. Smith, Montgomery • Chad E. Stewart, Enterprise • Web Administrator...................................Willie Murphy Aldos L. Vance, Birmingham • Mark T. Waggoner, Birmingham • John R. Wallis, Assistant Executive Director ..............Edward M. Patterson Birmingham • Tari D. Williams, Tuscaloosa Administrative Assistants ................................Rita Gray Officers Marie Updike J. Mark White, Birmingham..........................................................................President Director of Regulatory Programs....................Angela Parks Thomas J. Methvin, Montgomery .......................................................President-elect CLE Samuel N. Crosby, Daphne.................................................Immediate Past President CLE Administrative Assistant.................Carol Thornton Pamela H. Bucy, Tuscaloosa..................................................................Vice President Regulatory Programs/PHV Assistant ..Cathy Sue McCurry Keith B. Norman, Montgomery ...................................................................Secretary COURSE Director of Communications ................................Brad Carr James M. Terrell, Birmingham..................................Young Lawyers’ Section President Publications Director......................Margaret L. Murphy Board of Commissioners Communications and Publications 1st Circuit, Ronnie E. Keahey, Grove Hill • 2nd Circuit, Michael E. Jones, Luverne • SEARCH Assistant...............................................Marcia N. Daniel 3rd Circuit, Christina D. Crow, Union Springs • 4th Circuit, J. Garrison Thompson, Membership Services Director.........................Mary Corbitt Selma • 5th Circuit, Randall S. Haynes, Alexander City • 6th Circuit, Place No. 1, R. Cooper Shattuck, Tuscaloosa • Place No. 2, Alyce M. Spruell, Tuscaloosa • 7th Membership Administrative Assistant ..........Emily Farrior Circuit, John M. Gruenewald, Anniston • 8th Circuit, Phil D. Mitchell, Decatur • 9th The Alabama Mandatory CLE Commission Director of Admissions ........................Dorothy D. Johnson Circuit, W. N. Watson, Fort Payne • 10th Circuit, Place No. 1, Anthony A. Joseph, Admissions Administrative Assistants .........Heidi Alves Birmingham • Place No. 2, S. Greg Burge, Birmingham • Place No. 3, George M. Neal, Jr., Birmingham • Place No. 4, Phillip W. McCallum, Birmingham • Place No. continually evaluates and approves in-state, Sonia Douglas 5, Gregory H. Hawley, Birmingham • Place No. 6, Maibeth J. Porter, Birmingham • Bookkeeper......................................................Gale Skinner Place No. 7, Joseph A. Fawal, Birmingham • Place No. 8, Robert E. Moorer, Birmingham • Place No. 9, James R. Pratt, III, Birmingham • Bessemer Cutoff, ASB Foundation Assistant.............................Ann Rittenour as well as nationwide, programs which are William A. Short, Jr., Bessemer • 11th Circuit, Albert J. Trousdale II, Florence • Graphic Arts Director ...................................Maggie Stuller 12th Circuit, Richard W. Whittaker, Enterprise • 13th Circuit, Place No. 1, Henry A. Graphic Arts Assistant..........................Roderick Palmer Callaway III, Mobile • Place No. 2, William M. Cunningham, Mobile • Place No.
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