Alabama, June, 2003, State Case law

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State Courts - Alabama - June 27, 2003

Ex parte Southern Energy Homes, Inc., 1020037, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Overview: Because an employee (1) failed to present substantial evidence of medical causation between her work-related incidents and her back condition, and (2) failed to produce evidence of a permanent total disability, the finding otherwise was reversed.

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Ex parte Stallworth, 1020941, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Ex parte Weaver, 1010582, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Overview: A former employer was not protected by the exclusivity provisions of Alabama's workers' compensation law; therefore, a former employee was permitted to file a negligence action to recover against the former employer for injuries sustained in a fall.

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Fairfield Bd. of Educ. v. Acoff, 2020309, COURT OF CIVIL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Alabama State Tenure Commission's affirmance of termination of teacher's contract was proper as notice sent to teacher's father's residence gave teacher actual notice of proceeding. Notice letter did not have to summarize witnesses' testimony.

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Gayfer Montgomery Fair Co. v. Austin, 1012159, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Overview: Arbitration of an employee's wrongful discharge claim was required by federal statute since the employee failed to show that the arbitration agreement was unconscionable and the employer's retail business clearly involved interstate commerce.

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Hand v. State, CR-02-0636, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Where a statute set forth separate offenses, an amendment to a complaint changing the term "department" to "transferee" charged a new offense; therefore, the trial court lacked jurisdiction to render judgment and impose a sentence.

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Ingram v. State, CR-02-0359, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: As defendant did not expressly reserve the right to appeal any issues before he entered his plea and because he did not file a written motion to withdraw his plea, he failed to invoke his limited right to appeal, and his appeal was dismissed.

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Int'l Paper Co. v. Melton, 2010374, COURT OF CIVIL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Medical testimony that worker's work activities were contributing factors to his carpal tunnel syndrome and aggravated that condition, proved by clear and convincing evidence that his condition was work-related, despite contrary medical opinions.

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Jones v. Jones, 1010958, 1012186, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Overview: Appeals filed by both an executor and an alternate executor which left questions open as to the executor's claims against the estate, and whether he could obtain a lien against the decedent's property, were dismissed as premature.

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Jones v. Jones, 2020083, COURT OF CIVIL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Trial court erred in failing to include monies redirected into the father's paycheck as gross income for child support purposes, and in holding that it lacked subject matter jurisdiction over the mother's claim for reimbursement of burial expenses.

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