sue is a question of state law. AT & T Mobility, LLC, 494 F.3d at 1360 (citing Miree v. DeKalb County, Ga., 433 U.S. 25, 29-33, 97 S.Ct. 2490, 53 L.Ed.2d 557 (1977)). Under Alabama law, one who is not a party to a contract or in privity with a party cannot sue for breach of the contract. Airlines Reporting Corp. v. Higginbotham, 643 So.2d 952, 954 (Ala. 1994). Although “a direct third-party beneficiary may sue on the contract ... the party claiming to be a third-party beneficiary of a contract must establish that the contracting parties intended, at the time the contract was created, to bestow a direct benefit on the third party.” Id. (internal citation omitted). An intended incidental benefit is insufficient to create standing. Ex parte Scott Paper Co., 634 So.2d 546, 548 (Ala.1993) (<HOLDING>). The intent of the parties controls in
holding that public utility company is not liable for inaccessible bus company it licenses where there is no contract between them holding that although incorrect drug report was detrimental to employee employee had no claim against hospital because the report was not intended to primarily or directly benefit the employee holding that the statement this employee handbook is not intended to create any contractual rights in favor of you or the company the company reserves the right to change the terms of this handbook at any time was sufficient to disclaim any implied contract to engage in progressive discipline holding that no evidence existed that at time of contract between logger and company that company intended to confer direct benefit on loggers employee sufficient to give employee standing to sue to enforce contract holding that nonsignatories to a contract have no rights under the contract and thus no standing to assert claims under the contract