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State Courts -
Alabama - June 20 - June 23, 2006
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AT&T Corp. v. Surtees, 2040908,
COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2006, Released
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Overview: Trial court erred in placing the burden on the corporation to overcome presumption that Ala. Code § 40-14A-22, the business privilege tax, and Ala. Code § 40-14A-31, the corporate shares tax, were constitutional; rather, the state revenue department had the strict scrutiny burden of showing justification for those facially discriminatory statutes.
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Ex parte Safeway Ins. Co., 1050648,
SUPREME COURT OF ALABAMA, June 23, 2006, Released
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Overview: A trial court exceeded its discretion by denying motions for change of venue to other county; forum non conveniens doctrine, found in Ala. Code § 6-3-21.1(a), and the interests of justice, required transfer. Insurer, insured, insurance agency, and witnesses were in other county, as was scene of the accident. Court there was a proper forum for case.
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Hays v. Hays, 2040482,
COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2006, Released
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Overview: Stepmother was not allowed to adopt her stepdaughter, with the stepdaughter's consent, pursuant to Ala. Code § 26-10A-6, because the stepmother's husband, who was the stepdaughter's biological father, had died and the legal relationship between the stepmother and the stepdaughter terminated upon the death of the father.
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