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   State Courts - Alabama - June 30, 2003

  
Butler v. Town of Argo, 1001496, 1002162, 1002163, 1002164, 1010017, SUPREME COURT OF ALABAMA, June 30, 2003, Released
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Overview: Judgment as a matter of law should have been entered on an invasion of privacy claim because plaintiff did not produce substantial evidence indicating that defendant mayor publicly communicated private or untrue information about her.

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Fell v. Fell, 2010636, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2003, Released
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Overview: While a former wife admittedly engaged in acts of domestic violence, the totality of the evidence in divorce proceedings was sufficient to rebut the presumption against awarding primary physical custody of the parties' child to the wife.

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J.B. v. Jefferson County Dep't of Human Res., 2010469, 2010506, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2003, Released
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Overview: In a termination of parental rights case, the Department of Human Resources was not obliged to make reasonable efforts to rehabilitate parents, as mother was convicted of manslaughter in the death of child's sibling, and father abandoned the child.

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Peak v. Parks, 2010191, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2003, Released
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Overview: Trial court erred in prohibiting the adjacent landowners from presenting evidence of subsequent and continuing damage to their property that resulted from surface-water runoff, which occurred after the date they filed their complaint.

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Spain v. Brown & Williamson Tobacco Corp., 1000143, SUPREME COURT OF ALABAMA, June 30, 2003, Released
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Overview: Addiction to nicotine was a compensable injury, at a minimum, in terms of costs of supporting addiction. Therefore, statute of limitations as to tort claims began to run when addiction was recognized, even if full amount of damages was not apparent.

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Tillman v. R.J. Reynolds Tobacco Co., 1001644, SUPREME COURT OF ALABAMA, June 30, 2003, Released
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Overview: Cigarettes were not unreasonably dangerous under the Alabama's extended manufacturer's liability doctrine, given the required Surgeon General's warning. Further, absent an underlying wrong, civil conspiracy claim was meritless.

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