Legal Opinion

American Suzuki Motor Corporation v. John Burns and Jill S. Hearn.

Supreme Court of Alabama

Decided September 23, 2011No. 1081605PublishedCited by 4 opinions

1Opinion of the Court

PARKER, Justice.

American Suzuki Motor Corporation (“American Suzuki”) petitioned this Court for a writ of mandamus directing the Lauderdale Circuit Court to grant its motion to dismiss, on the basis of Rule 12(b)(1), Ala. R. Civ. P., or Rule 12(b)(6), Ala. R. Civ. P., the claims filed against it by John Burns and Jill S. Hearn (hereinafter referred to collectively as “the plaintiffs”). “The denial of a motion to dismiss ... generally is not reviewable by a petition for writ of mandamus, subject to certain narrow exceptions, such as the issue of immunity.” Ex parte Haralson, 853 So.2d 928, 931…

2Cases cited28 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Neitzke v. WilliamsSupreme Court of the United States · 1989
  3. Alexandra York v. Association of the Bar of the City of New YorkCourt of Appeals for the Second Circuit · 2002
  4. Garita Hotel Limited Partnership, Etc. v. Ponce Federal Bank, F.S.B.Court of Appeals for the First Circuit · 1992
  5. Nance by and Through Nance v. MatthewsSupreme Court of Alabama · 1993

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3Cited by4 opinions

  1. Dennis Speerly v. General Motors, LLCCourt of Appeals for the Sixth Circuit · 2025
  2. Honea v. Raymond James Fin. Servs., Inc.Supreme Court of Alabama · 2017
  3. Denson v. BronnerSupreme Court of Alabama · 2014
  4. Laferrera v. Camping World RV SalesDistrict Court, N.D. Alabama · 2016

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