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| City of Dothan v. Eighty-Four West, Inc., 2991351, 2000231,
COURT OF CIVIL APPEALS OF ALABAMA, June 15, 2001, Released
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Overview: While servient estate had an absolute right to construct an earthen dam on its property to repel oncoming surface water, case was remanded so it could be determined whether plans for subdivision's storm-water management system were adequate.
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| Ex parte Cincinnati Ins. Cos., 1992363,
SUPREME COURT OF ALABAMA, June 15, 2001, Released
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Overview: Counterclaims in state lawsuit were compulsory in federal declaratory judgment action where allegations therein were based on same homeowner's insurance policy, were logically related, and arose out of same aggregate core of operative facts.
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| Ex parte D.M. White Constr. Co., 1000199,
SUPREME COURT OF ALABAMA, June 15, 2001, Released
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Overview: Trial court abused its discretion by denying a motion to enforce an outbound forum-selection clause in a construction contract where subcontractor did not establish that the forum would be inconvenient, unfair, or unreasonable.
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| Ex parte Dobyne, 1992261,
SUPREME COURT OF ALABAMA, June 15, 2001, Released
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Overview: Defendant was not entitled to relief on his juror-misconduct claim because he neither proffered nor introduced evidence that a true answer by the juror that she knew defendant would have caused him to challenge the juror.
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| Ex parte Early, 1991923,
SUPREME COURT OF ALABAMA, June 15, 2001, Released
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Overview: Appellate court vacated order compelling arbitration because it could not determine whether trial court conducted necessary hearing to determine whether buyers entered into arbitration agreement because of economic duress.
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| Ex parte Greenstreet, 1000461,
SUPREME COURT OF ALABAMA, June 15, 2001, Released
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Overview: Because the borrower filed nothing in opposition to the lender's motion to compel arbitration, she was not entitled to conduct discovery into the validity and enforceability of the arbitration provision.
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| Ex parte Torrence Cablevision USA, Inc., 1000836,
SUPREME COURT OF ALABAMA, June 15, 2001, Released
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| Greenstreet, Inc. v. Checks Are Us, 1992282,
SUPREME COURT OF ALABAMA, June 15, 2001, Released
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Overview: Trial court was directed to require borrower to meet a new factually-based-predicate standard before allowing any discovery on the issue of the validity and enforceability of arbitration provisions of contracts borrower entered into with lender.
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| Hill v. Campbell, 2980439,
COURT OF CIVIL APPEALS OF ALABAMA, June 15, 2001, Released
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Overview: Where lawsuit was not based on wrongful death, Alabama public policy was not violated by auto insurer's exclusion of coverage for punitive damages. But underinsured/uninsured statute, as written, permitted recovery of punitive damages.
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