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   State Courts - Alabama - January 5, 2007

  
Cline v. Ashland, Inc., 1041076, SUPREME COURT OF ALABAMA, January 5, 2007, Released
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Ex parte Dunn, 1051387, SUPREME COURT OF ALABAMA, January 5, 2007, Released
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Overview: Because a hearing officer carefully considered a tenured teacher's employment history, including the good and the indefensible, pursuant to Ala. Code § 16-24-10(a), in determining a sanction under the Teacher Tenure Act, Ala. Code § 16-24-1 et seq., its decision to forego termination of the teacher, as sought, was not arbitrary and capricious.

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Federated Mut. Ins. Co. v. Vaughn, 1041867, 1050611, SUPREME COURT OF ALABAMA, January 5, 2007, Released
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Overview: A trial court's order denying an insurer summary judgment on a breach of contract claim was reversed as Ala. Code § 32-7-23 did not prevent it from rejecting UM/UIM coverage for certain employees, notwithstanding that it maintained such coverage for others, and thus, the insurer had not breached the contract by refusing to pay on that basis.

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Laster v. Norfolk Southern Ry. , 1050532, SUPREME COURT OF ALABAMA, January 5, 2007, Released
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Overview: A railroad was properly granted summary judgment on a negligence claim where the child understood the risk in walking on the railroad right-of-way and appreciated the danger of a stopped train. Moreover, the rescue doctrine did not allow recovery as there was an insufficient showing that his companion did not appreciate the danger.

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Lawson v. Shelby County Sheriff's Office, 2050605, COURT OF CIVIL APPEALS OF ALABAMA, January 5, 2007, Released
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Our S. Home Mgmt. v. Ponquinette, 2050540, COURT OF CIVIL APPEALS OF ALABAMA, January 5, 2007, Released
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Sistrunk v. Sikorsky Support Servs., 2050622, COURT OF CIVIL APPEALS OF ALABAMA, January 5, 2007, Released
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State v. Woodall, 1050389, SUPREME COURT OF ALABAMA, January 5, 2007, Released
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