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   State Courts - Alabama - June 27, 2003

  
Ala. Great S. R.R. Co. v. Johnson, 1011573, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Overview: Federal law preempted any duty of railroad companies to provide additional warnings at a crossing where a train and a car collided; the savings clause of the relevant federal statute was not satisfied because no local safety hazard was present.

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Anderson v. Smith's Towing Co., 2011005, COURT OF CIVIL APPEALS OF ALABAMA, June 27, 2003, Released
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Arrington v. State, 1020214, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Ball v. State, CR-01-2550, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Bd. of Water & Sewer Comm'rs v. Bill Harbert Constr. Co., 1012198, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Overview: Trial court properly held that a construction contract between the parties, which included a clause vesting authority in a third-party expert to settle factual disputes, did not expressly provide for arbitration of said disputes.

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C.J.L. v. M.W.B., 2010703, COURT OF CIVIL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Where mother's allegations against the father were not so overwhelmingly supported by the evidence that the appellate court could concluded that the trial court judgment was wrong, the appellate court declined mother's request for rehearing.

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Cain v. State, CR-02-0694, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Where a trial court merely stated that it believed the record rather than appellant, the court failed to make any findings in denying his petition for postconviction relief; therefore, the matter was remanded.

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Cent. Reserve Life Ins. Co. v. Fox, 1011121, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Overview: Insurance policy arbitration provision was enforceable against an insured's claims of breach of contract and negligent hiring, training, and monitoring, as the language within a coverage rider was not a condition precedent to the right to arbitrate.

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CertainTeed Corp. v. Russell, 2010877, COURT OF CIVIL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Manufacturer was entitled to judgment as a matter of law on a homeowner's claims filed under Alabama's extended manufacturer's liability doctrine, where such was untimely, and for breach of implied warranty, where privity was lacking.

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Clancy v. State, CR-00-1689, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Defendant's retrial was not barred, on double jeopardy grounds, where first trial ended in mistrial after four defense witnesses testified to hearsay information as to victims' violent acts, in attempt to bolster defendant's claim of self-defense.

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