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   State Courts - Alabama - December 3, 1999

  
Jack Ingram Motors, Inc. v. Jeffery Ward Primus Auto. Fin. Servs., Inc., 1972027, 1972165, SUPREME COURT OF ALABAMA, December 3, 1999, Released
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Overview: Court reversed denial of arbitration of claims against corporation, holding that trial court denied arbitration motion without sufficient facts to support plaintiff's fraudulent inducement claim regarding arbitration clause.

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M.V.S. v. V.M.D., 2980595, COURT OF CIVIL APPEALS OF ALABAMA, December 3, 1999, Released
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Overview: A father contesting the adoption of a child born out of wedlock did not qualify for due process protection because the father had not established a substantial relationship with the child.

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Military Ins. Specialists, Inc. v. Life Ins. Co. of Ga., 2980601, COURT OF CIVIL APPEALS OF ALABAMA, December 3, 1999, Released
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Overview: Summary judgment for defendants was improper since plaintiff presented substantial evidence creating a question of fact as to damages incurred by defendants' fraudulent suppression of a material fact that they had a duty to disclose.

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Reynolds v. American Gen. Fin., Inc., 2980220, COURT OF CIVIL APPEALS OF ALABAMA, December 3, 1999, Released
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Overview: Summary judgment inappropriate where jury question remained as to whether plaintiff justifiably relied on defendant's representations about loan interest rates, thus tolling the statute of limitations period for fraud.

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State v. Reynolds, CR-98-2015, COURT OF CRIMINAL APPEALS OF ALABAMA, December 3, 1999, Released
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Overview: Petition for writ of mandamus directing the trial court to quash a subpoena duces tecum was granted; subpoena seeking any possible exculpatory evidence was merely a fishing expedition for the improper purpose of discovery.

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Town of Brilliant v. City of Winfield, 1980856, SUPREME COURT OF ALABAMA, December 3, 1999, Released
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Overview: A portion of an act that annexed plaintiff city's police jurisdiction into defendant city's jurisdiction constituted legislation through a local law on a subject subsumed by a general law and was, therefore, stricken.

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Wal-Mart Stores, Inc. v. Bowers, 1981053, SUPREME COURT OF ALABAMA, December 3, 1999, Released
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Overview: Plaintiff husband was not entitled to damages for mental anguish where his only claim was based on damages to property and he was subject to the zone-of-danger test which limits recovery to those who sustain physical injury.

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Waldrip Wrecker Serv., Inc. v. Wallace, 2980926, COURT OF CIVIL APPEALS OF ALABAMA, December 3, 1999, Released
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Overview: Plaintiff's verdict was affirmed because evidence was sufficient that he filed for workers compensation benefits and substantial enough to allow claim that discharge was retaliatory to be submitted to jury.

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