Alabama, January, 2009, State Case law

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State Courts - Alabama - January 16, 2009

MPI Acquisition, LLC v. Northcutt, 1050559, SUPREME COURT OF ALABAMA, January 16, 2009, Released
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Overview: Purchaser was not liable under Alabama successor-corporation liability law for products bought from corporation because a federal bankruptcy order which stated that purchaser had bought the assets free and clear of liabilities preempted Alabama successor-liability law pursuant to 11 U.S.C.S. ? 1141(c), Supremacy Clause, and preemption doctrine.

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Rhodes v. Fulmer, 2070664, COURT OF CIVIL APPEALS OF ALABAMA, January 16, 2009, Released
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Overview: Executor's appeal in probate case was untimely under Ala. R. Civ. P. 4(a)(3) because he failed to file it within 42 days of judgment. Executor's motion to amend did not toll time limit for appeal as it was filed 46 days after judgment, outside of 30-day limit for such motion, and 30-day time limit could not have been extended by trial court.

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Smith v. State, CR-97-1258, COURT OF CRIMINAL APPEALS OF ALABAMA, January 16, 2009, Released
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Overview: The trial court's conclusion that defendant was not mentally retarded was supported by the record, as a forensic psychologist testified that defendant had an extensive work history, managed his money, and drove a stick-shift car. Defendant's conviction for murder and his death sentence pursuant to Ala. Code ? 13A-5-40(a)(10) were affirmed.

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Sundberg v. Thomas, CR-08-0096, COURT OF CRIMINAL APPEALS OF ALABAMA, January 16, 2009, Released
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Town of Mountainboro v. Griffin, 1070731, 1070777, SUPREME COURT OF ALABAMA, January 16, 2009, Released
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Overview: Court erred in entering judgment in favor of electors and against town, as Ala. Code ? 11-42-2(8) gave town standing both to defend against electors' attempt to prove that illegal votes were cast in favor of winning side in annexation election, and to counter evidence of such illegal votes with evidence of illegal votes in favor of losing side.

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Whitson v. City of Hoover, 1071468, SUPREME COURT OF ALABAMA, January 16, 2009, Released
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Overview: After settling his workers' compensation claim with a city, a former employee sued it for age discrimination. As he was not seeking recovery for his on-the-job physical injuries, but for wrongful termination, Ala. Code ?? 25-5-52, -53, the exclusivity provisions of Alabama Workers' Compensation Act, did not bar his suit.

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