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| Ala. Dep't of Envtl. Mgmt. v. Coosa River Basin Initiative, 1000841, 1000846, 1000853,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: Inclusion of cancer screening standard as condition for hazardous waste permit was not rule subject to notice-and-comment provisions of Alabama Administrative Procedures Act.
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| Am. Liberty Ins. Co. v. Amsouth Bank, 1001641,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: Bank was not liable to insurer for paying check indorsed by conservator before effective date of conservator's appointment because instrument was not forged and commercial code displaced common law conversion action, under circumstances.
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| C.W. v. State Dep't of Human Res., 2000830,
COURT OF CIVIL APPEALS OF ALABAMA, January 18, 2002, Released
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Overview: Judgment terminating mother's parental rights was affirmed where there were no viable alternatives to termination and evidence clearly and convincingly supported finding that termination was in best interests of children.
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| Cook v. AFC Enters., Inc., 2000917,
COURT OF CIVIL APPEALS OF ALABAMA, January 18, 2002, Released
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Overview: Summary judgment grant to corporation and restaurant manager was proper as terminated employee's exclusive remedy for injuries was under Workers' Compensation Act, which still applied before she left work premises, despite her having been fired.
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| Ex parte Grayson, 1991310,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: Defendant's application for hearing was denied where he failed to demonstrate that the trial court's departure from procedure by selecting 2 alternate jurors from the 14 jurors who heard the evidence constituted plain error.
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| Ex parte Liberty Nat'l Life Ins. Co., 1002041,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: Insurer was not entitled to mandamus for denial of motion to dismiss alleging rule of repose where relief sought was adequately attainable on appeal, and trial court did not abuse discretion by refusing to certify denial for interlocutory appeal.
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| Ex parte Monsanto Co., 1001766 and 1001917, 1001767 and 1001916,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: Outbound forum selection clauses were upheld because the farmers failed to prove that it was unfair or unreasonable to hold the parties to their bargain; and writs of mandamus were issued to the circuit courts.
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| Ex parte Taylor, 1990940,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: Although Alabama courts could only take judicial notice of theoretical efficacy of polymerase chain reactions in testing DNA, evidence was admissible where expert showed kit used met Daubert standards.
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| GMAC v. Dubose, 1001060,
SUPREME COURT OF ALABAMA, January 18, 2002, Released
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Overview: The lease was ambiguous, which prevented the lessee from satisfying the commonality requirements for certification of a class action, and foreclosed the conclusion that common issues predominated.
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