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   State Courts - Alabama - August 4, 2000

  
Hilley v. GMC, 2971177, COURT OF CIVIL APPEALS OF ALABAMA, August 4, 2000, Released
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Overview: Claimants were not disqualified from receiving unemployment benefits; strike at plant in Ohio which caused layoffs in plants in Alabama was not at same establishment for purpose of state law denying benefits for layoffs caused by labor disputes.

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Kraatz v. Benton Food Mart, 2970640, COURT OF CIVIL APPEALS OF ALABAMA, August 4, 2000, Released
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Liberty Fin. v. Carson, 1990400, SUPREME COURT OF ALABAMA, August 4, 2000, Released
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Overview: Denial of motion to compel arbitration was affirmed where a borrower's claims of fraud related to the procurement of the insurance, and the lender's arbitration clause related to coverage or benefits under the insurance policy, or the breach of it.

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Lipscomb v. City of Gadsden, 2990491, COURT OF CIVIL APPEALS OF ALABAMA, August 4, 2000, Released
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Overview: In a suit to recover workers' compensation, the trial court improperly based the employee's award upon his bodily impairment rating; the court remanded to determine whether he suffered a loss of ability to earn as a result of the job-related injury.

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McGaster v. South Baldwin Hosp., 2990380, COURT OF CIVIL APPEALS OF ALABAMA, August 4, 2000, Released
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Overview: A doctor and hospital were properly granted directed verdicts in a malpractice suit because alleged negligence was not sufficiently apparent to be understood by a layman without medical testimony and the patient presented no such expert testimony.

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Southern Energy Homes, Inc. v. Hennis, 1982118, SUPREME COURT OF ALABAMA, August 4, 2000, Released
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Overview: An arbitration clause contained in an express warranty was only effective to compel arbitration of claims of breach of that warranty, absent some sort of assent of the buyer, by signature or ratification, to arbitrate all claims.

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Stephenson v. Lawrence County Bd. of Educ., 1990468, 1990469, SUPREME COURT OF ALABAMA, August 4, 2000, Released
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Overview: Because board of education's policy regarding hiring and firing custodians of school funds conflicted with state law, board was not required to follow its policy in removing appellant from the job and hiring another.

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Tyndal v. Howle, 2980406, COURT OF CIVIL APPEALS OF ALABAMA, August 4, 2000, Released
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Walker County v. Allen, 1990147 and 1990148, SUPREME COURT OF ALABAMA, August 4, 2000, Released
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Overview: Where statutes providing for a state license tax on professionals explicitly prohibited the levy of a county tax, a law that authorized such a county tax violated the state constitution's prohibition of local laws that conflicted with general laws.

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White v. Northington, 2980399, COURT OF CIVIL APPEALS OF ALABAMA, August 4, 2000, Released
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