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| Allstate Ins. Co. v. Ware, 1991539,
SUPREME COURT OF ALABAMA, January 11, 2002, Released
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Overview: Record did not support certification of either class certified by order of the trial court as parties could not accurately identify fraud claim and policyholders would not be adequate representatives of such class members as required.
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| Davis v. Fayette County Comm'n, 2000052,
COURT OF CIVIL APPEALS OF ALABAMA, January 11, 2002, Released
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Overview: Because county employee had complied with notification provision of Workers' Compensation Act, that was sufficient, and compliance with presentment-of-claim and nonclaim statutes applicable to counties was unnecessary.
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| Ex parte MacEwan, 1992219,
SUPREME COURT OF ALABAMA, January 11, 2002, Released
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Overview: Trial court erred in summarily dismissing petition for post-conviction relief alleging ineffective assistance of counsel, where State's motion to dismiss had affidavit from trial defense counsel and motion was not served on appellate counsel.
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| Ex parte Thicklin, 1000224,
SUPREME COURT OF ALABAMA, January 11, 2002, Released
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Overview: Manufacturer violated statutory disclosure requirements in warranty as to arbitration; trial court could not compel buyer to arbitrate express-warranty claim; and parties could not waive award of punitive damages in arbitration agreement.
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| Ex parte Tony's Towing, Inc., 1002022,
SUPREME COURT OF ALABAMA, January 11, 2002, Released
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Overview: Purchaser could not compel towing company to arbitration in relation to claim for damages caused to her mobile home during transportation as towing company was a nonsignatory to sales contract which was the basis for the arbitration.
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| Families Concerned About Nerve Gas Incineration v. Ala. Dep't of Envtl. Mgmt., 2000595,
COURT OF CIVIL APPEALS OF ALABAMA, January 11, 2002, Released
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Overview: Policy regarding acceptable cancer risk from hazardous waste disposal was not rule requiring formal procedures for its adoption. Permittee's contingency plan provided for risk to surrounding community to extent feasible.
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| GMAC v. City of Red Bay, 1000970,
SUPREME COURT OF ALABAMA, January 11, 2002, Released
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Overview: Alabama trial court that entered class certification order before hearing evidence offered by party opposing order had not engaged in statutorily required rigorous analysis.
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| Green Tree Fin. Corp. v. Channell, 1001112,
SUPREME COURT OF ALABAMA, January 11, 2002, Released
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Overview: Denial of financing company's motion to compel mobile home purchasers to arbitrate their claims against it was reversed. Financing company, as assignee under financing agreement, was entitled to enforce arbitration clause contained in agreement.
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| Porter v. Colonial Life & Accident Ins. Co., 1991600,
SUPREME COURT OF ALABAMA, January 11, 2002, Released
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Overview: Appellate court lacked jurisdiction to review whether a dismissal of an action or a stay was appropriate when a party was required to first arbitrate his insurance claims because he did not raise issue in the trial court.
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| Reynolds Metals Co. v. Hill, 1000714,
SUPREME COURT OF ALABAMA, January 11, 2002, Released
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Overview: Trial court erred in holding underlying contract was certain and unambiguous, and abused its discretion in certifying class, as employees did nor prove predominance of their claims or that a class action was a superior method of handling them.
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