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| Ex parte Learakos, 1000244,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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Overview: Trial court erred in compelling arbitration of home buyer's claims against broker where claims were not subject to arbitration governed by the Federal Aviation Act, because contract containing clause did not affect interstate commerce.
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| Ex parte Mobile Power & Light Co., 1992129,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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Overview: Reversal of summary judgment for power company in homeowners' insurer's suit for negligence for a fire was reversed. As two years had passed since company's electrical work and another repairer had intervened, res ipsa could not be invoked.
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| Ex parte Perkins, 1991016,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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| Ex parte Smallwood, 1000343,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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Overview: Uniformed Services Former Spouses' Protection Act did not prohibit award in divorce judgment of more than 50 percent of husband's military retirement pay; restriction in statute applied only to direct collection from government.
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| Ex parte Third Generation, Inc., 1000471,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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Overview: Order requiring corporation to accept worthless inventory items as set-off against judgment for punitive damages was an abuse of discretion as motion was untimely and creditor had not accepted items.
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| Ex parte Waddail, 1000750,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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Overview: As a board certified osteopath's alleged breach of care occurred in the field of emergency medicine, in which he was not a specialist, plaintiff's expert could testify against him without being himself a specialist in osteopathy.
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| Ex parte Wal-Mart, Inc., 1992381,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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Overview: Mandamus was ordered, limiting discovery of accident and incident reports taken by retail store within a five-year period, of injuries occurring due to falling objects. However, production was not required of all accidents occurring therein.
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| Garrison v. Ala. Power Co., 2000164,
COURT OF CIVIL APPEALS OF ALABAMA, July 13, 2001, Released
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Overview: Summary judgment was improper in a trespass to real property action where questions remained as to whether a power company had acquired rights to the property owners land by easement.
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| Jericho Mgmt., Inc. v. Fid. Nat'l Title Ins. Co., 1980537,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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Overview: Participation in litigation by party seeking arbitration was not a waiver of right to arbitrate where motion to compel was filed shortly after U.S. Supreme Court decision raised possibility of success and opponent could not show prejudice.
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