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| Blue Cross Blue Shield v. Rigas, 1040173,
SUPREME COURT OF ALABAMA, September 9, 2005, Released
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Overview: Circuit court erroneously denied an insurer's motion to compel arbitration of a dispute it had with its insured, as the insured failed to show that the arbitration provision was ambiguous or procedurally and substantively unconscionable, did not apply to the parties' dispute, and the insurer did not waive its right to arbitration.
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| Cravens v. Cravens, 2040004,
COURT OF CIVIL APPEALS OF ALABAMA, September 9, 2005, Released
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Overview: DNA evidence, which excluded the husband as the biological father of the parties' child, did not rebut the presumption that he was the father of a child under Ala. Code ¿¿26-17-5(a)(1), as the mother lacked standing to challenge the same when he persisted in maintaining his parental status.
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| Ex parte Puccio, 1031938,
SUPREME COURT OF ALABAMA, September 9, 2005, Released
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Overview: Where customers properly alleged that a credit counseling corporation (CCC) was the company president's alter ego and where CCC was subject to long arm personal jurisdiction under Ala. R. Civ. P. 4.2, president's motion to dismiss for lack of personal jurisdiction was properly denied in order to provide opportunity to investigate alter ego claim.
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| Lamar Int'l, Inc. v. Atl. Thread & Supply Co., 2040141,
COURT OF CIVIL APPEALS OF ALABAMA, September 9, 2005, Released
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Overview: Buyer's appeal from an order granting summary judgment on its seller's summary judgment motion was dismissed as untimely, because neither of its motions filed after the entry of summary judgment amounted to proper Ala. R. Civ. P. 59(e) motions. Thus, they failed to extend the time for filing an appeal.
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| Plott v. Deason, 2040001,
COURT OF CIVIL APPEALS OF ALABAMA, September 9, 2005, Released
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Overview: Circuit court erred in retroactively modifying a father's child support obligation as: (1) the mother's request was not based on a change of circumstances, but upon a mistaken understanding by the court regarding the amount of the father's income, and (2) absent a direct appeal from the same, res judicata barred the mother's collateral attack.
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| Dolgencorp, Inc. v. Hudson, 2040362,
COURT OF CIVIL APPEALS OF ALABAMA, September 16, 2005, Released
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Overview: Trial court's determination that employee was permanently, totally disabled was supported by substantial evidence but its award of permanent-total-disability benefits for the rest of the employee's life was improper under Ala. Code ¿¿25-5-57(a)(4)a; the award should only have been for as long as the disability lasted.
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| Ex parte Williford, 1031319,
SUPREME COURT OF ALABAMA, September 16, 2005, Released
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Overview: First-degree rape and first-degree sodomy convictions were affirmed, given sufficient evidence of forcible compulsion, as defendant put his hand on the back of the victim's head, despite her resistance, to force her to perform oral sex on him, and told her "not to act like she had not done it before," confirming that he recognized her resistance.
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| Holly v. Huntsville Hosp., 1031824,
SUPREME COURT OF ALABAMA, September 16, 2005, Released
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Overview: Hospital and doctor were properly awarded a new trial, in a medical malpractice action against them, on grounds that a juror failed to answer a voir dire question dealing with whether any juror had any billing disputes with the hospital, and the question of the juror's inadvertence or willfulness in failing to answer the question was irrelevant.
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| Wix Corp. v. Davis, 2040198,
COURT OF CIVIL APPEALS OF ALABAMA, September 16, 2005, Released
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Overview: Because an employee failed to present sufficient evidence that a temporary loss of consciousness and resulting fall which led to his claim for benefits was related to a previous compensable heart condition, as the medical evidence talked in mere possibilities and speculation, he was not entitled to medical benefits for the same.
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