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| Ex parte East Ala. Mental Health-Mental Retardation Bd., Inc., 1041601,
SUPREME COURT OF ALABAMA, March 17, 2006, Released
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Overview: While delay in mailing summons and complaint in wrongful death case may have shown that personal representative lacked intention to immediately serve summons and complaint, mandamus required a clear legal right to order sought and imperative duty to perform. Request for writ of mandamus directing court to dismiss case as untimely was denied.
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| Meinhardt v. SAAD'S Healthcare Servs., 2040192,
COURT OF CIVIL APPEALS OF ALABAMA, March 17, 2006, Released
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Overview: Trial court erred in applying penalty provision of Ala. Code § 25-5-57(a)(4)d and declining to award the employee permanent and total disability benefits based on her refusal of psychological treatment during a period of time before she had reached maximum medical improvement (MMI) because § 25-5-57(a)(4)d applied to employees that had reached MMI.
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| Ocwen Loan Servicing, LLC v. Washington, 1041631,
SUPREME COURT OF ALABAMA, March 17, 2006, Released
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Overview: Assignee waived right to arbitrate under Federal Arbitration Act, 9 U.S.C.S. § 1 et seq., given substantial activity in federal court initiated by assignee, during which assignee fought to secure to itself forum antithetical to arbitration, followed by its demand for arbitration only after its efforts to avoid state court had been unsuccessful.
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| Package Express Ctr., Inc. v. Maund, 2040972,
COURT OF CIVIL APPEALS OF ALABAMA, March 17, 2006, Rendered
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Overview: Alabama trial court erred in granting relief from Tennessee judgment registered under UEFJA based on personal jurisdiction challenge as even if Tennessee trial court's judgment was not implicit overruling of personal jurisdiction objection, judgment indicated that debtors waived their objection by failing to present evidence on it at trial.
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| Wood v. Courtney, 2040017,
COURT OF CIVIL APPEALS OF ALABAMA, March 17, 2006, Decided
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