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   State Courts - Alabama - May 3, 2002
  
Bailey v. R.E. Garrison Trucking Co., 2000916, COURT OF CIVIL APPEALS OF ALABAMA, May 3, 2002, Released
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Overview: Retaliatory discharge statute was exception to general at will employment rule. Disputed testimony regarding events surrounding discharge of employee created genuine fact issue, and summary judgment for employer was reversed.

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Clark Substations v. Ware, 1010208, SUPREME COURT OF ALABAMA, May 3, 2002, Released
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Overview: Corporation which purchased assets of another corporation, as opposed to merging with it, could not enforce noncompetition agreements signed by employees of corporation sold, absent assignment of those agreements.

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Clarke-Mobile Counties Gas Dist. v. Prior Energy Corp., 1002019, SUPREME COURT OF ALABAMA, May 3, 2002, Released
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Overview: Appeal from a non-final judgment was dismissed. Trial court erred in intertwining claims and counterclaims and in certifying as final its partial summary judgment, without considering effect claims would have on potential liability.

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Drummond Co. v. Higginbotham, 2000722, COURT OF CIVIL APPEALS OF ALABAMA, May 3, 2002, Released
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Overview: Workers' compensation claim based on hearing loss was not barred by statute of limitations where employee was constantly exposed to high noise levels. Employee was 100 percent permanently and totally disabled due to back injury and hearing loss.

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Eason v. Bynon, 2001136, COURT OF CIVIL APPEALS OF ALABAMA, May 3, 2002, Released
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Overview: Denying 1st sister leave to assert counterclaim against attorney was not abuse of discretion where such leave was sought more than two years after 1st sister filed answer. Mention of death in appellate brief was not formal suggestion of death.

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Ex parte Celtic Life Ins. Co., 1010738 and 1010759, SUPREME COURT OF ALABAMA, May 3, 2002, Released
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Overview: Court did not decide whether a clause rendered ineffective a clause held to be void after the effective date of the policy, as insurer, the only defendant who was a party to contract, waived right to enforce provision excluding punitive damages.

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Ex parte H.F., 1010658, SUPREME COURT OF ALABAMA, May 3, 2002, Released
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Overview: Appellate court erred in determining that excusable neglect did not exist for late filing of a notice of appeal because the state agency which brought the suit did not object in the trial court to the claim or finding of excusable neglect.

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Ex parte Smith, 1010997, SUPREME COURT OF ALABAMA, May 3, 2002, Released
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Ex parte State Dep't of Human Res., 1001795, SUPREME COURT OF ALABAMA, May 3, 2002, Released
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Overview: Appellate court erred in substituting its opinion for that of the trial court and failed to apply the presumption of correctness to the latter's findings that maternal grandmother provided no suitable alternative to termination.

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Ex parte State Dep't of Indus. Rels., 1000260, SUPREME COURT OF ALABAMA, May 3, 2002, Released
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Overview: Trial court correctly found that dependents were not entitled to continued workers' compensation benefits after recipient's death. Recipient died of nonwork-related causes more than six years after his injury.

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