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   State Courts - Alabama - June 23, 2000

  
Ex parte White, 1982202, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: Directed verdict in medical malpractice action based on judicial estoppel reversed where there was no indication that defendants had been prejudiced by plaintiffs' initial failure to disclose their malpractice claim to bankruptcy court.

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Ex parte Wilson, 1990733, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: Death sentence affirmed where defendant failed to prove alleged error at trial adversely affected his rights and trial court's findings concerning the aggravating and mitigating circumstances were supported by the evidence.

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Gilbert v. Tyson Foods, Inc., 2990096, COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2000, Released
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Overview: Appellant, as the non-participating victim of a co-worker's attempt to instigate horseplay, was entitled to compensation where she sustained injury as a proximate result of her co-worker's acts.

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Jim Walter Resources, Inc. v. Argo, 1971949, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: Payroll dispute was remanded for arbitration where there was no evidence that employer intended to waive its right to seek arbitration in accordance with the grievance procedure set forth in collective bargaining agreement.

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Love v. Johnson, 1981194, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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M.P. v. S.J., 2990361, COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2000, Released
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Overview: Joint physical custody was affirmed where no evidence proved that such a living arrangement was not in the children's best interests; a child support award was reversed where the trial court failed to explain its deviation from guidelines.

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Mitchell Nissan, Inc. v. Foster, 1982183, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: Purchaser knew he had a limited reading ability and he did not ask anyone to read the contract to him. He could not avoid the contract later by asserting that he did not understand it. Motion to compel arbitration was improperly denied.

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United States Pipe & Foundry Co. v. Curren, 1971948, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: Employee had to submit to arbitration of his conversion claims concerning company's alleged failure to timely transfer his payroll deductions to the credit union because the deduction plan by custom was an employee benefit per union contract.

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Wild Wild West Soc. Club, Inc. v. Morrison, 2990396, COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2000, Released
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Overview: Defendant liable for injuries inflicted upon plaintiff in plaintiff's ejection from its bar; defendant owed duty to its business invitees to prevent foreseeable risk of injury to its patrons during their ejection by its employees.

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