Alabama Supreme Court Appellate Alert: Decisions from November 13, 2026

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The Alabama Supreme Court issued its weekly release list on Friday, November 13, which included the following orders and opinions of interest to the business community:

• In Norfolk Southern Corp. v. Bellsouth Telecommunications, LLC, the Court declined to answer a question certified to it by a federal district court concerning whether a telecommunications provider has an unqualified right to cross a rail corridor without the railroad’s permission. Concurring specially, Justice Parker set out a list of considerations he believed should be relevant whenever the Supreme Court decides whether to answer certified questions. He explained that he agreed with the Court’s decision not to answer the question in this case because: (1) the question was not purely legal and (2) the Supreme Court’s answer would not clearly have been determinative of the federal-court case.

• Marsh v. U.S.A. Healthcare Management, LLC – In an opinion authored by Justice Mendheim, joined by Chief Justice Stewart and Justices Bryan, Cook, and McCool, the Alabama Supreme Court held that a single-member LLC the University of South Alabama created to run its health system is not entitled to State immunity, and it reversed the trial court's summary judgment in the LLC's favor. Justice Cook, writing specially, emphasized that orders of affirmance issued without an opinion have no precedential value. Justice Sellers, joined by Justice Wise, dissented on the grounds that the LLC was not structured to operate independently of the University and that any judgment against it would affect the State treasury. Justice Parker also dissented, concluding that the LLC was, in substance, an alter ego of the University, and he also invited future arguments on whether entities claiming State immunity have consistently acted as part of the State.

If you have questions about these decisions or want to discuss any other matters relating to Alabama appellate law, please do not hesitate to reach out to any member of Maynard Nexsen’s Appellate Group.