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   State Courts - Alabama - June 1, 2001

  
Baldwin County Elec. Mbrshp. Corp. v. Lee, 1991043, 1991660, 1991659, SUPREME COURT OF ALABAMA, June 1, 2001, Released
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Overview: Petition to require special meeting of electric membership corporation was fundamentally inadequate because it did not establish date of signature, as required by statutes to allow determination of record shareholders on signature date.

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Cavalier Mfg. v. Jackson, 1000391, SUPREME COURT OF ALABAMA, June 1, 2001, Released
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Celtic Life Ins. Co. v. McLendon, 1992060, 1992061, SUPREME COURT OF ALABAMA, June 1, 2001, Released
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Overview: Dispute over non-payment of health insurance claim was subject to mandatory arbitration. Use of word "may" in arbitration clause did not make arbitration optional. Recission of contract by insurance company did not make clause unenforceable.

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City of Mobile v. Lester, 2990672, 2990673, 2990677, 2990678, COURT OF CIVIL APPEALS OF ALABAMA, June 1, 2001, Released
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Overview: Awards to homeowners against city for negligence, not inverse condemnation, because of property settling were upheld, but most of emotional distress awards were reversed. Only one plaintiff showed risk of physical injury and actual distress.

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D.H. v. H.H., 2991129, COURT OF CIVIL APPEALS OF ALABAMA, June 1, 2001, Released
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Overview: Appellee father's verbal, emotional, and physical abuse was considered family violence, and that abuse constituted a change of circumstances sufficient to modify child custody.

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Drummond Co. v. Boatman, 2991395, COURT OF CIVIL APPEALS OF ALABAMA, June 1, 2001, Released
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Overview: The statute appellee improperly relied upon prescribed the amount of benefits owing to a surviving spouse if the worker died of causes related to his workplace-related injury and died within three years from the date of the injury.

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Ex parte Ambrose, 1991925, SUPREME COURT OF ALABAMA, June 1, 2001, Released
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Overview: Venue for action complaining of fiduciary's acts and omissions related to partnership formed to manage real property was not required to be in county in which property was located but in county where alleged acts or omissions occurred.

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Ex parte Anonymous, 1001488, SUPREME COURT OF ALABAMA, June 1, 2001, Released
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Overview: The highest appellate court could not conclude that the trial court's judgment was plainly erroneous or manifestly unjust and affirmed the denial of minor's petition for a waiver of parental consent to an abortion.

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Ex parte Brown, 1000427, SUPREME COURT OF ALABAMA, June 1, 2001, Released
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Overview: Highest appellate court found that intermediate appellate court improperly denied appellant's oral request for jury instruction on the alibi defense because appellant's mother's alibi testimony met the test of alibi evidence.

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Ex parte Colbert, 1001041, SUPREME COURT OF ALABAMA, June 1, 2001, Released
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Overview: Defendant charged with attempted murder and robbery had absolute right to have bail set. Trial court could impose conditions of bail to eliminate or minimize danger to community but could not completely deny bail in non-capital case.

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