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   State Courts - Alabama - May 14, 2004
  
Addison Fabricators, Inc. v. Davis, 2020706, COURT OF CIVIL APPEALS OF ALABAMA, May 14, 2004, Released
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Overview: Trial court erred in awarding workers' compensation claimant permanent total disability benefits without applying the Bell test or the Drummond rule to determine whether the claimant's injury entitled him to compensation outside of the schedule.

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Ala. Agric. & Mech. Univ. v. Jones, 1021960, SUPREME COURT OF ALABAMA, May 14, 2004, Released
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Overview: A professor's claim against a university for back-pay based on breach of an alleged oral employment contract was barred by the statute of frauds and sovereign immunity.

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Campbell v. CSX Transp., Inc., 2030005, COURT OF CIVIL APPEALS OF ALABAMA, May 14, 2004, Decided
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Overview: Doctor's statement that an employee "had something on his lungs" did not indicate that the employee had an occupational disease and that that disease was work-related for purposes of the statute of limitations under the Locomotive Inspection Act.

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Carroll v. Carroll, 2020787, COURT OF CIVIL APPEALS OF ALABAMA, May 14, 2004, Decided
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Overview: Trial court abused its discretion in prohibiting a mother from relocating with the parties' child as the father was a commercial airline pilot who could fly to the new location in 30 minutes. The father could afford the visitation-related expenses.

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Dir., State Dept of Indus. Rels. v. Gulf Caribe Mar., Inc., 2020565, COURT OF CIVIL APPEALS OF ALABAMA, May 14, 2004, Released
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Overview: Employers and unions had the power to validly enter collective-bargaining agreements establishing leave-of-absence policies, and said agreements did not amount to a prohibited prospective waiver of unemployment-compensation benefits.

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Emples. of the Montgomery County Sheriff's Dep't v. Marshall, 1011694, SUPREME COURT OF ALABAMA, May 14, 2004, Released
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Overview: Summary judgment for sheriff in his official capacity was affirmed as to jailers' claims for injunctive relief for breach of contract and quantum meruit for nonpayment of overtime compensation as payment for overtime was not a ministerial act.

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Ex parte McGhee, 1030939, SUPREME COURT OF ALABAMA, May 14, 2004, Released
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Ex parte W.T.M., 1030983, SUPREME COURT OF ALABAMA, May 14, 2004, Released
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Fort James Operating Co. v. Thompson, 2030091, COURT OF CIVIL APPEALS OF ALABAMA, May 14, 2004, Released
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Overview: On remand, the trial court erred in admitting additional evidence to substantiate a prior award of cost where its sole directive was to rule based on the already submitted evidence and upon what it could take judicial notice of.

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GMAC v. Massey, 1030209, SUPREME COURT OF ALABAMA, May 14, 2004, Released
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Overview: Because certification order failed to address compulsory counterclaims or defenses to class action suit, it did not reflect necessary "rigorous analysis," and was vacated. Case was remanded for trial court to analyze and address those matters.

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