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| American Pioneer Life Ins. Co. v. Receiver of First Nat'l Life Ins. Co., 2990082,
COURT OF CIVIL APPEALS OF ALABAMA, May 5, 2000, Released
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Overview: Summary judgment in favor of insurance company receiver as it related to reserve deficiency was reversed because representations survived closing. Summary judgment to receiver on overpayment-recovery issue was reversed.
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| Auburn Med. Ctr., Inc. v. State Health Planning & Dev. Agency, 2990164,
COURT OF CIVIL APPEALS OF ALABAMA, May 5, 2000, Released
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Overview: Plaintiff's petition was improperly dismissed, since it was not required to appeal the certificate-of-need review board's decision to a fair-hearing officer before it filed its petition for judicial review.
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| Cutler v. Orkin Exterminating Co., 1980685,
SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: Class members who had contracts containing arbitration clauses were dismissed from class action against exterminating company because contracts of class representatives did not have arbitration clauses.
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| Ex parte Courtaulds Fibers, Inc., 1981706 and 1981707,
SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: First dismissal of cases was involuntary dismissal for missing 30-day deadline to effect voluntary dismissal, not realization of plaintiffs' intent to request voluntary dismissal; re-filings were barred by res judicata.
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| Ex parte ERA Marie McConnell Realty, Inc., 1981922,
SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: Where the evidence conclusively negated the essential element of reasonable reliance in plaintiff's fraudulent misrepresentation claim, trial court properly entered a summary judgment for defendants on that claim.
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| Ex parte Henry, 1980407,
SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: Plaintiff did not show clear abuse of trial court's discretion in limiting discovery requests. Discovery requests were overly broad. Nonparty subpoenas seeking information relevant to dismissed claim were properly quashed.
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| Ex parte Lawrence, 1990006,
SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: Extrinsic-act evidence was inadmissible where prosecution failed to give notice; but because the inadmissible evidence was cumulative of admissible evidence, and a curative instruction was given, a mistrial was not required.
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| Ex parte Mayflower Nat'l Life Ins. Co., 1981520 and 1981569,
SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: Writ of mandamus was issued directing trial court to vacate its orders conditionally certifying classes of plaintiffs as to certain claims, where it failed to make rigorous analysis law required before certifying class.
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| In re National Contract Poultry Growers' Ass'n, 1980946,
SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: Long-arm jurisdiction for litigation purposes did not confer authority to require nonparty foreign corporation to produce documents in foreign state; thus failing to respond to forum state's unauthorized subpoena was not contempt.
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| Paris v. Estate of Williams, 2990357,
COURT OF CIVIL APPEALS OF ALABAMA, May 5, 2000, Released
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Overview: Appeal dismissed because time for filing a notice of appeal had expired and trial court's order setting aside denial of plaintiff's postjudgment motion was outside its jurisdiction and did not extend the time for appeal.
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