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   State Courts - Alabama - May 2, 2003

  
N.L.R. v. C.A.D., 2001292, COURT OF CIVIL APPEALS OF ALABAMA, May 2, 2003, Released
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Ormco Corp. v. Johns, 1020162, SUPREME COURT OF ALABAMA, May 2, 2003, Released
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Overview: Supreme court adopted rebuttable inference of irreparable injury where former employee salesperson actively competed with former employer in same geographic area in violation of noncompetition agreement, and remanded case for findings.

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Osorio v. K & D Erectors, Inc., 2010756, 2010813, COURT OF CIVIL APPEALS OF ALABAMA, May 2, 2003, Released
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Overview: State statute did not require an employer to provide attendant-care expenses to the family of a permanently and totally disabled employee for assisting the employee in his daily functioning. The denial of one attorney's fee claim was proper.

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Sign Plex v. Tholl, 2011145, COURT OF CIVIL APPEALS OF ALABAMA, May 2, 2003, Released
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Overview: Employer's appeal in a worker's compensation case was dismissed, as the trial court's order did not sufficiently ascertain and declare the rights of the parties so as to constitute a final judgment that would support an appeal.

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Star Elec. Contrs., Inc. v. Stone Bldg. Co., 1012101, 1012190, SUPREME COURT OF ALABAMA, May 2, 2003, Released
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Overview: Trial court erred in granting partial summary judgment in favor of contractor in its indemnification claims against subcontractor. Trial court improperly interpreted supreme court decision in case as requiring summary judgment on issue.

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State v Fowler (In re Fowler), 1010961, SUPREME COURT OF ALABAMA, May 2, 2003, Released
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Stiff v. Ala. Alcoholic Bev. Control Bd., 1010169, SUPREME COURT OF ALABAMA, May 2, 2003, Released
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Overview: A consumer of imported wine had standing to challenge Alabama's excise tax on such wine as violating the Commerce Clause, because the Alabama Table Wine Act required consumers of table wine, not wholesalers or retailers, to pay the tax.

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Wal-Mart Stores, Inc. v. Smitherman, 1000684, SUPREME COURT OF ALABAMA, May 2, 2003, Released
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Overview: Store and employees were entitled to judgment as matter of law on negligence, slander, and tort of outrage claims brought by deliveryman, where deliveryman was not owed duty to allow him to deliver to store and statements of employees were true.

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