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   State Courts - Alabama - September 22, 2000

  
B E & K v. Weaver, 2990423, COURT OF CIVIL APPEALS OF ALABAMA, September 22, 2000, Released
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Overview: In worker's compensation suit against employer, employee shown that he was entitled to benefits. Despite employee's misrepresentation, there was no causal connection between misrepresentation and injury.

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Clark v. Samuelson, 2990760, COURT OF CIVIL APPEALS OF ALABAMA, September 22, 2000, Released
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Cox v. Hughes, 1981934, SUPREME COURT OF ALABAMA, September 22, 2000, Released
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Overview: Trial court improperly granted summary judgment to defendants in plaintiffs' action to set aside fraudulent transactions; evidence was presented indicating that a defendant created back-dated sales agreements for property to avoid judgment.

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Delaney'S, Inc. v. State, 1982145, SUPREME COURT OF ALABAMA, September 22, 2000, Released
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Overview: State was entitled to present evidence that property owner's land was no longer forest property, or that property should not previously have been allowed to be valued as forest property, for taxation purposes.

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Ex parte Athens State College, 1990632, SUPREME COURT OF ALABAMA, September 22, 2000, Released
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Overview: Because state college's termination of program director's employment was justifiable decrease in jobs because program was discontinued, college was not required to find director another position with college.

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Ex parte Smith, 1991541, SUPREME COURT OF ALABAMA, September 22, 2000, Released
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Ex parte Stewart, 1990418 and 1990419, SUPREME COURT OF ALABAMA, September 22, 2000, Released
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Overview: Newspaper dealers were integral and inseparable parts of the flow of interstate commerce; thus, Federal Arbitration Act was invoked, and pursuant to the arbitration clauses in parties' agreement, they were ordered to arbitrate their claims.

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J.P.C. v. O.C.B., 2990363, COURT OF CIVIL APPEALS OF ALABAMA, September 22, 2000, Released
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Overview: Though blood tests showed that mother's former husband, the presumed father, was not child's biological father, trial court erred in denying putative father's motions to dismiss, as time barred, mother's paternity suit.

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Marsh v. Green, 1981897, SUPREME COURT OF ALABAMA, September 22, 2000, Released
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Overview: Medical negligence plaintiff was entitled to jury instruction on combining and concurring negligence, so judgment was reversed and case remanded for retrial; statute abrogating collateral source was not held unconstitutional.

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McGuire v. Rogers, 2990891, COURT OF CIVIL APPEALS OF ALABAMA, September 22, 2000, Released
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Overview: In property tax dispute, executrix was entitled to redeem property from buyers. Summary judgment holding tax deed to be void was supported by evidence. There was no issue of fact concerning procedures required for tax sale.

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