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   State Courts - Alabama - May 18, 2001

  
Aetna Cas. & Sur. Co. v. Mitchell Bros., 1980950, SUPREME COURT OF ALABAMA, May 18, 2001, Released
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Overview: When insurer defended insured under reservation of rights, but insured did not relinquish control of defense to insurer, including settlement negotiations, insurer did not owe enhanced duty of good faith to insured.

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Blue Cross & Blue Shield v. Woodruff, 1992385, SUPREME COURT OF ALABAMA, May 18, 2001, Released
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Overview: Arbitration was properly denied, as insurer, in attempting to add an arbitration clause, did not comply with the precondition it included in its insurance contract that the contract could be changed only by written changes signed by its officers.

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Ex parte Batchelor, 1991507, SUPREME COURT OF ALABAMA, May 18, 2001, Released
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Ex parte Jackson, 1981723, SUPREME COURT OF ALABAMA, May 18, 2001, Released
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Overview: Trial court erred in denying defendant's motion to suppress extrajudicial statement without a hearing. Defendant had a right to testify as to the voluntariness of the same without being subjected to cross-examination on other issues.

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Floyd v. Abercrombie, 2990676, COURT OF CIVIL APPEALS OF ALABAMA, May 18, 2001, Released
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Overview: Trial court erred in placing support burden for minor son, who was not emancipated, on mother when her income was significantly less than father's income. Trial court did not err in denying mother's request for postminority support.

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Fricks v. Wood, 2000158, COURT OF CIVIL APPEALS OF ALABAMA, May 18, 2001, Released
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Overview: Sufficient evidence supported a finding that mother had deliberately obstructed father's relationship with their child and that father's home provided a more suitable environment for the child's development. Custody change to father was proper.

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Israel v. Merrill, 2991388, COURT OF CIVIL APPEALS OF ALABAMA, May 18, 2001, Released
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Overview: Agricultural commodities seller could not assert agricultural commodities act trust because agreement with buyer violated act's regulation and common law claims made it unsecured creditor with no rights against secured creditors.

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Kenco Signs & Awning Div. v. Cdc of Dothan, 2990984, COURT OF CIVIL APPEALS OF ALABAMA, May 18, 2001, Released
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Overview: While "outbound" forum selection clause was not void per se, it could not be sole basis for foreign state to exercise jurisdiction, absent independent jurisdictional ground.

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Marshall Durbin Food Corp. v. Rogers, 2000195, COURT OF CIVIL APPEALS OF ALABAMA, May 18, 2001, Released
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Overview: Workers' compensation case was remanded for specific findings as to whether pain suffered by employee who injured himself in non-work situations after the original injury was the direct result of the injury or an independent cause.

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McGraw v. Furon Co., 1991997, SUPREME COURT OF ALABAMA, May 18, 2001, Released
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Overview: Seller was not engaged in the business of selling batch-off machines. Thus, seller was, at most, only an occasional seller and could not be liable for plaintiff's injuries under Alabama Extended Manufacturer's Liability Doctrine.

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