Alabama Supreme Court Update - May 16, 2025
Decisions from May 16, 2025
The Alabama Supreme Court issued its weekly release list on Friday, May 16. The opinions of interest to the Alabama business community include the following:
Adams v. Atkinson: In a case important to contract drafting and indemnity agreements, the main opinion issued by a five-justice division of the Court explained that under Alabama law, the terms “indemnify” and “hold harmless” are generally synonymous when they appear together in an agreement and that they were synonymous as used in the agreement at issue in the case. The main opinion rejected the minority view—adopted by courts in jurisdictions that include California and Florida—that “indemnify” refers to the offensive right to seek payment and “hold harmless” refers to the defensive right to not make payment. The main opinion reserved the possibility that the terms may not be synonymous when used separately in some contexts. Two of the five justices on the panel concurred only in the result.
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 us, or to any other member of Maynard Nexsen’s Appellate Group.
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