# Sterne, Agee & Leach, Inc. v. U.S. Bank National Ass'n

> Supreme Court of Alabama · February 7, 2014 · 148 So. 3d 1060

URL: https://www.frixlaw.com/law-library/cases/4814350

## Case

- **Full name:** Ex parte U.S. BANK NATIONAL ASSOCIATION and U.S. Bancorp. (In re Sterne, Agee & Leach, Inc. v. U.S. Bank National Association and U.S. Bancorp)
- **Court:** Supreme Court of Alabama
- **Decided:** February 7, 2014
- **Citations:** 148 So. 3d 1060; 2014 Ala. LEXIS 15; 2014 WL 502370
- **Precedential status:** Published
- **Opinion:** Concurrence by Bryan
- **Judges:** Bolin, Bryan, Main, Moore, Murdock, Parker, Shaw, Stuart, Wise
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4814350

## How later opinions describe it (automated extraction)

- explaining that "[t]his Court has held that a writ of mandamus is an appropriate means by which to review the following: subject-matter jurisdiction, Ex parte Johnson, 715 So. 2d 783 (Ala. 1998); … personal jurisdiction, Ex parte Duck Boo Int'l Co., 985 So. 2d 900 (Ala. 2007);…
- holding that a petition for the writ of mandamus is an appropriate mechanism for reviewing issues regarding the grant of a supersedeas bond

## Opinion text

BRYAN, Justice
(concurring specially).
I write specially to emphasize my belief that mandamus is appropriate where, as here, “there is an obvious conflict-of-laws issue,” 148 So.3d at 1065, and the application of one state’s laws would completely bar the action. It would be an inexcusable waste of scarce judicial resources and of the parties’ resources to require a trial and possibly an appeal when it is clear that, under the doctrine of lex loci delicti, Washington law applies to bar the malicious-prosecution action filed by Sterne, Agee & Leach, Inc. See Fitts v. Minnesota Min. & Mfg. Co., 581 So.2d 819, 820 (Ala.1991) (“Under th[e] principle [of lex loci delicti ], an Alabama court will determine the substantive rights of an injured party according to the law of the state where the injury occurred.”).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4814350. Public record. Not legal advice.