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   State Courts - Alabama - September 5, 2008
  
Banker v. Circuit City Stores, Inc., 1070424, SUPREME COURT OF ALABAMA, September 5, 2008, Released
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Overview: Determination under Ala. Code ? 6-5-641(e) that purchaser was not entitled to class certification was proper in claim against merchant. Purchaser did not meet Ala. R. Civ. P. 23(a)(3), (b)(3) burdens of showing typicality and commonality. He received more than 3 times computer service agreement's worth when he accepted monitor from merchant.

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Beauchamp v. Coastal Boat Storage, LLC, 1061491, 1061497, 1061515, SUPREME COURT OF ALABAMA, September 5, 2008, Released
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Overview: Grant of new trial was error because verdict was not against the weight of the evidence. Although a buyer had repudiated purchase agreement, sellers were not ready, willing and able to perform; there was insufficient time for them to subdivide property within 30 days after closing--the period provided in agreement to correct any title defect.

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Brunson v. Lucas, 2070238, COURT OF CIVIL APPEALS OF ALABAMA, September 5, 2008, Released
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Overview: Judgment was affirmed as co-employee, whose car struck employee while he was crossing street from employer's parking lot to plant entrance to begin his shift, was immune under Ala. Code ?? 25-5-11(a), 25-5-14, and 25-5-53 from employee's negligence and wantonness claims as employee had received workers' compensation benefits due to accident.

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Cadle Co. v. Shabani, 1070116, SUPREME COURT OF ALABAMA, September 5, 2008, Released
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Overview: Because an assignee had previously been found to lack standing to maintain an ejectment action, the trial court lacked subject-matter jurisdiction over the case; therefore, its resulting judgment was void.

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ClimaStor IV, L.L.C. v. Marshall Constr., L.L.C., 1051833, SUPREME COURT OF ALABAMA, September 5, 2008, Released
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Overview: Denial of an LLC's motion to compel arbitration of a payment dispute was error. LLC did not waive its right to arbitration by invoking litigation process. LLC removed case to federal court and opposed remand based on diversity of jurisdiction. It asserted its arbitration right at each stage of the process.

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Ex parte A.M.B., 1061455, SUPREME COURT OF ALABAMA, September 5, 2008, Released
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Overview: Writ of certiorari was quashed as in light of presumption that attended judgments in ore tenus proceedings, declaration of mother as unfit parent was supported by clear and convincing evidence since mother failed to visit with daughter after she left hospital, or to attend scheduled visitation after she petitioned to set aside adoption.

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Ex parte Burgess, 1070635, SUPREME COURT OF ALABAMA, September 5, 2008, Released
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Overview: Claims that certain jurors failed to accurately answer voir dire questions were not precluded under Ala. R. Crim. P. 32.2(a)(3) and (5). The factual basis was discovered during postconviction interviews with jurors and alleged juror misconduct could not have been discovered in time to raise claims in a motion for new trial or on appeal.

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Ex parte McInish, 1060600, SUPREME COURT OF ALABAMA, September 5, 2008, Released
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Overview: Standard of review in cumulative-physical-stress case that permitted reweighing of evidence presented to the trier of fact was error. Ala. Code ? 25-5-81(e) substantial-evidence standard of review in workers' compensation cases applied to fact findings made pursuant to preponderance of evidence and clear and convincing evidence levels of proof.

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Ex parte Phillips, 1061595, SUPREME COURT OF ALABAMA, September 5, 2008, Released
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Folsom v. Stagg Run Dev., LLC, 2061126, COURT OF CIVIL APPEALS OF ALABAMA, September 5, 2008, Released
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Overview: Dominant owner did not show either likelihood of success on merits or that servient owners' (LLC) proposed relocation of access road was irreparable harm in order to obtain injunctive relief as easement instrument allowed LLC to relocate access road as long as it absorbed cost of providing improved access road, which it proposed to do.

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