On December 6, 2019, the Alabama Court of Civil Appeals released its opinion in James Brooks v. Austal USA, LLC. The undisputed facts were
that while the Complaint was filed prior to the expiration of the Statute of Limitations, the Complaint was not served on the employer for seven months,
during which time the Statute of Limitations expired. The Court of Appeals held that to commence an action for Statute of Limitations purposes, a Complaint
must be filed and there must be an intent to have the Complaint immediately served; and held further that if the employee performs all
of the tasks required to effectuate service at the time of filing, that the action has commenced. In this case, the employee attempted to serve the
Complaint at the time it was filed, albeit to an outdated registered agent. While it took several months after the failed attempt for the Complaint
to be served, the Court of Appeals determined that there was an attempt to serve at the time of filing. For this reason, the case was reversed and
remanded.