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   State Courts - Alabama - September 15, 2000

  
Alabama Catalog Sales v. Gloria Harris M.Q., Inc., 1981594, 1981612, SUPREME COURT OF ALABAMA, September 15, 2000, Released
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Overview: Because substantial evidence showed contracts between parties were illegal, trial court, rather than arbitrator, proper entity to determine validity. If contracts were void, no claims relating to them would have been subject to arbitration.

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Ayers v. Duo-Fast Corp., 1981099, SUPREME COURT OF ALABAMA, September 15, 2000, Released
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Overview: Order denying plaintiff pro rata attorney fees from intervenor employer after settlement with third party was reversed, as Workers' Compensation Act provided for such fees, despite direct settlement with third party.

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Billeck v. Billeck, 2971328, COURT OF CIVIL APPEALS OF ALABAMA, September 15, 2000, Released
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Boykin v. International Paper Co., 2990539, COURT OF CIVIL APPEALS OF ALABAMA, September 15, 2000, Released
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Overview: Appeal dismissed because a final judgment was entered, and plaintiff's postjudgment motion was untimely and did not toll the time for taking an appeal. Thus, her notice of appeal was also untimely.

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Chatman v. Houston, 2990445, COURT OF CIVIL APPEALS OF ALABAMA, September 15, 2000, Released
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Overview: When personal injury plaintiff had pre-existing neck problems and the accident impact was minor, the verdict in favor of the plaintiff was against the manifest weight of the evidence.

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Courtaulds Fibers, Inc. v. Long, 1971996, 1972028, SUPREME COURT OF ALABAMA, September 15, 2000, Released
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Overview: Horse keeper was required to present substantial evidence of negligent or improper operation of fabric manufacturer's plant in support of his nuisance and negligence claims; general acceptance test was applied to expert testimony.

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Dennis Joslin Co., L.L.C. v. Tate, 1982304, SUPREME COURT OF ALABAMA, September 15, 2000, Released
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Overview: Summary judgment was reversed because there was a triable issue of material fact as to whether the guaranty agreement was assigned to plaintiff, and what obligation the remaining defendant had to plaintiff on the note.

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Dills v. Wal-Mart Stores, Inc., 2990533, COURT OF CIVIL APPEALS OF ALABAMA, September 15, 2000, Released
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Overview: Judgment affirmed in workers' compensation case because substantial evidence supported the trial court's finding that plaintiff suffered no loss of earning capacity as the result of his injury.

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E.D. v. State Dep't of Human Resources, 2980705, COURT OF CIVIL APPEALS OF ALABAMA, September 15, 2000, Released
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Ex parte Delta Air Lines, Inc., 1990911, SUPREME COURT OF ALABAMA, September 15, 2000, Released
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Overview: Federal law preempted airline customers' negligence suit against the airline to recover damages for jewelry lost when the airline negligently handled the customers' luggage. The tort claim was related to the airline's service.

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