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   State Courts - Alabama - January 28, 2000

  
AmSouth Inv. Servs. v. Bhuta, 1980703, SUPREME COURT OF ALABAMA, January 28, 2000, Released * * Note from the reporter of decisions: This opinion was released by the Supreme Court under the date January 28, 2000. The case was actually released to the public on January 27, 2000.
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Overview: Motion to compel arbitration improperly denied; claims of fraud in inducement could not invalidate contractual arbitration clause unless fraud went directly to inducing agreement to arbitration clause itself.

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C.Y.M. v. P.E.K., 2981263, COURT OF CIVIL APPEALS OF ALABAMA, January 28, 2000, Released
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Dennis v. Holmes Oil Co., 2981281, COURT OF CIVIL APPEALS OF ALABAMA, January 28, 2000, Released
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Overview: Judgment was reversed; trial court erred by denying motion to change venue, because basis for lawsuit was contractual relationship and defendants' subsequent failure to make adequate payments on their account.

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Ex parte Battles, 1980128, SUPREME COURT OF ALABAMA, January 28, 2000, Released ** Note from the reporter of decisions: This opinion was released by the Supreme Court under the date January 28, 2000. The case was actually released to the public on January 27, 2000.
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Overview: Conviction for failure to obey police officer's order was reversed because defendant was not legally obligated to answer officer's questions about driving with no headlights because of self-incrimination privilege.

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Ex parte Pilley, 1980132, SUPREME COURT OF ALABAMA, January 28, 2000, Released ** Note from the reporter of decisions: This opinion was released by the Supreme Court under the date January 28, 2000. The case was actually released to the public on January 27, 2000.
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Overview: Trial court erred in refusing to declare a mistrial after learning that a deputy district attorney had contacted a juror, with whom he went to church, after the jury had been selected, but before the trial had begun.

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Ex parte Pressley, 1981061, SUPREME COURT OF ALABAMA, January 28, 2000, Released ** Note from the reporter of decisions: This opinion was released by the Supreme Court under the date January 28, 2000. The case was actually released to the public on January 27, 2000.
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Overview: Standing alone, the number of peremptory strikes the State used to remove African-Americans or females from the jury venire was not sufficient to establish a prima facie case of race, or gender, discrimination.

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Ex parte Watson, 1990174, SUPREME COURT OF ALABAMA, January 28, 2000, Released * * Note from the reporter of decisions: This opinion was released by the Supreme Court under the date January 28, 2000. The case was actually released to the public on January 27, 2000.
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Overview: Writ of mandamus granted; defendant had a clear legal right to an order denying the district attorney's motion to reconsider bond insofar as the motion sought to return defendant to custody with no showing defendant was a flight risk.

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Homes of Legend, Inc. v. McCollough, 1980921, SUPREME COURT OF ALABAMA, January 28, 2000, Released ** Note from the reporter of decisions: This opinion was released by the Supreme Court under the date January 28, 2000. The case was actually released to the public on January 27, 2000.
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Overview: In looking at warranty agreement, court found that the two provisions could be read consistently with one another to express an intent to submit the parties' claims to nonbinding arbitration.

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James v. James, 1980522, SUPREME COURT OF ALABAMA, January 28, 2000, Released ** Note from the reporter of decisions: This opinion was released by the Supreme Court under the date January 28, 2000. The case was actually released to the public on January 27, 2000.
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Overview: Judgment awarding compensatory damages to minority shareholder individually for mismanagement of corporation was affirmed because damages for derivative claims passed through corporation being liquidated.

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Jinright v. Paulk, 1972275, SUPREME COURT OF ALABAMA, January 28, 2000, Released * * Note from the reporter of decisions: This opinion was released by the Supreme Court under the date January 28, 2000. The case was actually released to the public on January 27, 2000.
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Overview: Doctrine of judicial estoppel did not bar lawsuit; builders were not prejudiced by property owners' failure to list their claim against builders as an asset in their bankruptcy proceedings and property owners did not benefit.

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