Alabama, May, 2003, State Case law | lexisONE® Community

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State Courts - Alabama - May 2, 2003

Ala. Dep't of Mental Health & Mental Retardation v. Ala. State Pers. Dep't, 2020036, COURT OF CIVIL APPEALS OF ALABAMA, May 2, 2003, Released
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Overview: Alabama law did not entitle state agency that was ordered to pay back pay to an employee who successfully appealed termination to a credit for income the employee earned working at other jobs, and appellate court refused to impose setoff requirement.

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Bradford v. James, 2011140, COURT OF CIVIL APPEALS OF ALABAMA, May 2, 2003, Released
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Overview: Trial court properly denied child custody modification, as the court could have found that a change in custody would not materially promote the children's best interests and that any good brought would not offset the inherently disruptive effect.

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Brown v. Bd. of Educ., 1020758, 1020763, 1020764, 1020768, 1020773, SUPREME COURT OF ALABAMA, May 2, 2003, Released
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Overview: The occupational tax levied by the county against employee compensation and owner compensation was invalid under Alabama statutory law. The occupational tax improperly taxed gross receipts on employees or employers, and it was not applied uniformly.

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Dairyman's Supply Co. v. Teal, 2011014, COURT OF CIVIL APPEALS OF ALABAMA, May 2, 2003, Released
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Overview: Trial court's award of 30 percent permanent partial disability was affirmed, as the trial court did not consider vocational loss factors in making the award, and the court was not bound by a doctor's lower disability rating.

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DecisionQuest, Inc. v. Hayes, 1011391, SUPREME COURT OF ALABAMA, May 2, 2003, Released
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Edmonds Indus. Coatings v. Lolley, 2011166, COURT OF CIVIL APPEALS OF ALABAMA, May 2, 2003, Released
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Ex parte Ala. Power Co., 2011231, COURT OF CIVIL APPEALS OF ALABAMA, May 2, 2003, Released
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Overview: The trial court, in a worker's compensation action, could not impose the condition of videotaping a functional capacity evaluation of an injured employee, as that condition conflicted with those prescribed by the employee's treating physician.

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Ex parte Mt. Heating & Cooling, Inc., 1011835, SUPREME COURT OF ALABAMA, May 2, 2003, Released
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Overview: Jury issue was raised as to whether parties agreed to arbitrate their disputes, where arbitration provision was ambiguous in, inter alia, identification of rules for settlement of disputes and changes to jury trial waiver and choice of law clauses.

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In re McDermott, 2011181, COURT OF CIVIL APPEALS OF ALABAMA, May 2, 2003, Released
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Overview: Based on evidence in record and presumption in favor of probate court's determination as to reasonableness of attorney fee award, the probate court did not abuse its discretion in fee award it made to the ward's court-appointed representative.

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Moncrief v. Donohoe, 2020016, COURT OF CIVIL APPEALS OF ALABAMA, May 2, 2003, Released
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Overview: Third party raised factual issues as to whether there had been assignment of client's settlement proceeds, whether attorney had notice of assignment, and nature of notice to attorney, making summary judgment improper on breach of contract claim.

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