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   State Courts - Alabama - April 13, 2001

  
Aldridge v. DaimlerChrysler Corp., 1981622, SUPREME COURT OF ALABAMA, April 13, 2001, Released
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Overview: Employees presented evidence of reliance on employer's promise of preferential rights to be rehired when employer presented voluntary termination program; thus, a genuine, material factual issue existed about employer's fraudulent intent.

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Britt v. Shelby County Health Care Auth., 2991083, COURT OF CIVIL APPEALS OF ALABAMA, April 13, 2001, Released
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Overview: Plaintiff who was injured after falling asleep driving home allegedly because of fatigue caused by long work hours did not show she was injured in course of employment under Alabama Workers' Compensation Act, but could pursue negligence claim.

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Cavalier Mfg. v. Jackson, 1000391, SUPREME COURT OF ALABAMA, April 13, 2001, Released
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Overview: Trial court erred by denying motion to compel arbitration in lawsuit seeking damages arising out of the sale of a mobile home where it failed to determine whether the arbitration clause was valid prior to ruling on motion.

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Ex parte Harris, 1992343, SUPREME COURT OF ALABAMA, April 13, 2001, Released
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Overview: Affirmation of unlawful distribution and possession of controlled substance conviction was reversed and remanded. General objection sufficiently preserved for review prosecutor "bad character" questions which were plainly illegal.

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Ex parte Liberty Nat'l Life Ins. Co., 1982146, SUPREME COURT OF ALABAMA, April 13, 2001, Released
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Overview: Insured with fourth grade reading level won fraudulent suppression case and punitives against insurer where agents had a pattern of "churning" her life insurance policies and her testimony of an agent's non-disclosure was undisputed.

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Ex parte Messer, 1982082, SUPREME COURT OF ALABAMA, April 13, 2001, Released
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Overview: Writ of mandamus seeking review of an order compelling arbitration in breach of contract lawsuit denied where plaintiffs failed to meet their burden of showing a clear legal right to an order vacating compulsory arbitration.

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Floyd v. Massey & Stotser, P.C., 1991969, SUPREME COURT OF ALABAMA, April 13, 2001, Released
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Overview: Legal malpractice lawsuit properly dismissed as barred by two-year statute of limitations where cause of action was untimely under either occurrence or accrual method of determining when the statutory limitations period ran.

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George H. Lanier Mem'l Hosp. v. Andrews, 1990595, SUPREME COURT OF ALABAMA, April 13, 2001, Released
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Overview: Negligence judgment for parents against hospital and nurses for harvesting their deceased son's corneas without consent was reversed and remanded where jury instruction utilizing criminal abuse of corpse statute was not relevant.

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McElmore v. State, 1991655, SUPREME COURT OF ALABAMA, April 13, 2001, Released
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Peoples v. AuburnBank, 2991325, COURT OF CIVIL APPEALS OF ALABAMA, April 13, 2001, Released
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Overview: Debtor's conveyance to his wife of real property after listing it in financial statement he used to secure loan, was bona fide conveyance and not fraudulent.

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