Ex parte the Board of Trustees of the University of Alabama.

The Board of Trustees of the University of Alabama ("the Board") petitioned the Alabama Supreme Court for a writ of mandamus directing the Jefferson Circuit Court to dismiss for lack of subject- matter jurisdiction, based on Article I, section 14, Ala. Const. 1901, an action filed against it by Paul F. Castellanos, M.D. ("Dr. Castellanos"). Dr. Castellanos filed an action against six named defendants and other fictitiously named defendants asserting claims of intentional interference with contractual and business relations, civil conspiracy, and "intentional infliction of mental anguish -- outrageous conduct" and sought declaratory and injunctive relief. The Supreme Court determined the circuit court lacked the power to compel the Board to arbitrate Dr. Castellanos's claims against it. Instead, it was incumbent upon the circuit court to grant the Board's motion to dismiss the claims against it, as Dr. Castellanos himself conceded. Accordingly, the Supreme Court granted the petition for a writ of mandamus and directed the circuit court to vacate its order insofar as it compelled arbitration with regard to the Board and to dismiss the claims against the Board based on section 14 immunity. View "Ex parte the Board of Trustees of the University of Alabama." on Justia Law