Alabama, June, 2007, State Case law

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State Courts - Alabama - June 1, 2007

Singer Asset Fin. Co., L.L.C. v. Conn. General Life Ins. Co., 2060157, COURT OF CIVIL APPEALS OF ALABAMA, June 1, 2007, Released
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Overview: Judgment was affirmed as insurer performed its obligations under annuity contract by making lump sum payment to decedent's estate when decedent died since decedent's wife predeceased him. Assignee of secured creditor did not have greater rights to structured settlement payment than decedent had under annuity.

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Singer Asset Fin. Co., L.L.C. v. Estate of Rutherford, 2050500, COURT OF CIVIL APPEALS OF ALABAMA, June 1, 2007, Released
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Overview: Summary judgment was reversed as whether administrator should have contacted insurer that paid death benefit and whether such contact would have led to information making assignee of secured creditor reasonably ascertainable such that its claim was not barred as it did not receive actual notice as required by Ala. Code ? 43-2-61 were fact issues.

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State v. Abbott Labs., Inc., 1060224, SUPREME COURT OF ALABAMA, June 1, 2007, Released
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Overview: Petition for writ of mandamus was granted as joinder of pharmaceutical companies was improper under Ala. C. Civ. P. 20(a) as transactions involved different companies, products, and time periods. Coincidental, but not coordinated, business transactions giving rise to separate economic losses did not constitute series of transactions under Rule 20.

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Talladega County Dep't of Human Res. v. M.E.P., 2060202, COURT OF CIVIL APPEALS OF ALABAMA, June 1, 2007, Released
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Overview: Judgment was reversed as condition resulting in parents' inability to care for children would not change in foreseeable future and termination of parental rights under Ala. Code ?? 26-18-7 and 12-15-65(e) was in children's best interest as even if parents were released from prison, they could not regain custody until they found jobs and housing.

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Tanksley v. ProSoft Automation, Inc., 1050099, SUPREME COURT OF ALABAMA, June 1, 2007, Released
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Overview: In a case filed under the Alabama Extended Manufacturer's Liability Doctrine, as defendant presented substantial evidence that alterations to an assembly line after its installation caused plaintiff's injury, and plaintiff filed no response to this submission, defendant was properly granted summary judgment under Ala. R. Civ. P. 56.

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Ward v. State, 1051818, SUPREME COURT OF ALABAMA, June 1, 2007, Released
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Overview: As Ala. R. Crim. P. 32.2(c)'s time limitations provision did not establish a jurisdictional bar to a death row inmate's untimely post-conviction petition, but established an affirmative defense, intermediate appellate court erred in ruling that the inmate could not invoke doctrine of equitable tolling to prevent summary dismissal of his petition.

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