Latest 2 Cases: Nettles v. Pettway d/b/a Pettway's Paint, Body & Wrecker Service (Personal Injury), Ex parte Michael Gregory Hubbard. ...

How Allen v. Cooper Breaks Important New (if Dubious) Ground on Stare Decisis

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on language in a recent U.S. Supreme Court decision, Allen v. Cooperdiscussing constitutional stare decisis in the context of state sovereign immunity. Amar points out some of the problems with the Court’s jurisprudence on state sovereign immunity and Congress’s Section 5 power, and he questions the Allen majority’s embrace of a “special justification” requirement for constitutional stare decisis.

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Nettles v. Pettway d/b/a Pettway's Paint, Body & Wrecker Service

Docket: 1181015

Opinion Date: April 10, 2020

Judge: Sellers

Areas of Law: Personal Injury

Cedrick Nettles was struck by a wheel that detached from an automobile owned and operated by Antwon Aaron. Nettles sued Ryan Pettway, doing business as Pettway's Paint, Body and Wrecker Service ("Pettway"), alleging that Pettway had negligently and/or wantonly installed the wheel on the automobile and that Pettway's negligence and/or wantonness resulted in Nettles' injury. Aaron engaged Pettway to install "after market" wheel rims and tires on his automobile. The wheel rims and tires required the use of wheel adapters containing studs. Aaron purchased used adapters containing the studs from a discount tire store. He thereafter provided the wheel adapters, rims, and tires to Pettway for installation. Aaron explained that, approximately 10 to 12 hours after picking up the automobile from Pettway and driving it, the left rear tire of the automobile suddenly, unexpectedly, and without warning came off, injuring Nettles, who had been standing in a yard adjacent to the street on which Aaron was driving. The next day, Aaron returned the automobile to Pettway, who determined that three of the five studs on the left rear adapter were completely sheared off and that the other two were broken. The trial court entered summary judgment in Pettway's favor. The Alabama Supreme Court concluded Nettles failed to produce substantial evidence by inference or ordinary means to establish that Pettway negligently installed the wheel that caused Nettles's injuries. Accordingly, the summary judgment in favor of Pettway was affirmed.

Ex parte Michael Gregory Hubbard.

Docket: 1180047

Opinion Date: April 10, 2020

Judge: Tom Parker

Areas of Law: Professional Malpractice & Ethics

Michael Hubbard was charged with 23 counts of violating Alabama's "Code of Ethics for Public Officials, Employees, Etc.," sections 36-25-1 to -30, Ala. Code 1975 ("the Ethics Code"). The Circuit Court entered a judgment on a jury verdict convicting Hubbard on 12 of the 23 counts. Hubbard appealed to the Court of Criminal Appeals, which affirmed the convictions on 11 counts and reversed the conviction on 1 count. Hubbard petitioned the Alabama Supreme Court for certiorari review of the 11 counts affirmed by the Court of Criminal Appeals, which was granted. After that review, the Supreme Court affirmed the judgment of the Court of Criminal Appeals as to Hubbard's convictions on six counts, but reversed as to the convictions on five counts because they were based on insufficient evidence or incorrect interpretations of the Ethics Code.