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   State Courts - Alabama - October 4, 2002

  
Gibbs v. State Dep't of Indus. Rels., 2990424, COURT OF CIVIL APPEALS OF ALABAMA, October 4, 2002, Released
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Lewis v. Oakley, 1001847, SUPREME COURT OF ALABAMA, October 4, 2002, Released
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Overview: As the "transaction" evidenced by a stockbroker's execution of a Form U-4 had a substantial effect on interstate commerce, a provision in the form that mandated arbitration of disputes between members of the NYSE was enforceable in Alabama.

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Parsons v. Aaron, 1002086, 1002087, 1010105, SUPREME COURT OF ALABAMA, October 4, 2002, Released
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Overview: Where father's unilateral business decisions made on behalf of his son's corporation were ratified by son, father was not third party to contract between corporation and seller; thus, seller's tortious interference claim against father failed.

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S.D.C. v. N.L., 2010746, COURT OF CIVIL APPEALS OF ALABAMA, October 4, 2002, Released
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Overview: Mother's notice of appeal of court orders relating to father's paternity was filed well beyond the 14-day limit from the date of the entry of the judgment or order appealed from, as required by statute. The appeal was dismissed.

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Sessions v. Espy, 1010329, SUPREME COURT OF ALABAMA, October 4, 2002, Released
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Overview: As bankrupt corporation's legal malpractice claim against its bankruptcy attorney was property of bankruptcy estate, corporation could not maintain its independent malpractice suit against attorney without permission of Chapter 7 trustee.

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Sherman Int'l Corp. v. Summit Gen. Contrs., 2010331, COURT OF CIVIL APPEALS OF ALABAMA, October 4, 2002, Released
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Overview: Forgery was not an affirmative defense. Thus, individuals preserved their right to assert forgery as a defense in their summary judgment motions and on appeal, despite providing general denials in their answers.

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Sprinkle v. Edwards, 1010199, SUPREME COURT OF ALABAMA, October 4, 2002, Released
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Overview: Minor's state court action after collision with deputy's vehicle was properly barred by the res judicata effect of a prior federal district court dismissal of all of the minor's claims.

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State v. Tenaska Ala. Ptnrs., L.P., 2010328, COURT OF CIVIL APPEALS OF ALABAMA, October 4, 2002, Released
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Overview: Electric wholesale generator company was not a utility for purposes of the ad valorem tax, where it was not obligated to serve the public, had no power of eminent domain, and was not subject to rate or other regulation.

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