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   State Courts - Alabama - August 11, 2000

  
Alabama Ins. Guar. Ass'n v. Southern Alloy Corp., 1981942, SUPREME COURT OF ALABAMA, August 11, 2000, Released
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Overview: Logical-relationship test was met; employer's claim for reimbursement for workers' compensation payments was a compulsory counterclaim. Same aggregate core of operative facts existed, so second action was barred.

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B.S. v. State Dep't of Human Resources, 2990703, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2000, Released
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Overview: Even though appellant gave an oral notice to appeal on the day her parental rights were terminated, her written notice was filed five days late and her appeal was dismissed.

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Biles v. Sullivan, 1980771, 1980979, 1980980, SUPREME COURT OF ALABAMA, August 11, 2000, Released
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Overview: Collateral estoppel precluded plaintiff from relitigation of claims that defendant attorneys acted improperly in concealing jury consultant's relationship with juror. Same issues and parties were involved in prior claim.

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Brown v. Foster, 2990650, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2000, Released
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Carr v. Howard, 2990292, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2000, Released
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Overview: Because it was not in daughters' best interest to fly from Chicago to Alabama every other weekend to visit their father, the trial court erred in modifying the visitation provisions of parties' divorce decree.

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Dennis v. Dennis, 2981439, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2000, Decided
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Drummond Co. v. Lolley, 2990131, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2000, Decided
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Ex parte Goldsen, 1991512, SUPREME COURT OF ALABAMA, August 11, 2000, Released
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Overview: Judgment reversed; the nonsettling defendant was not getting a windfall, but simply paying the portion of the damages owed to the plaintiff that remained after the settlement.

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Ex parte McWhorter, 1990427, SUPREME COURT OF ALABAMA, August 11, 2000, Released
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Overview: Defendant not entitled felony murder, voluntary intoxication jury instructions in capital murder trial; evidence showed defendant intentionally, consciously planned to murder victim, defendant failed to show intoxication rose to level of insanity.

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Ex parte Simmons, 1980570, SUPREME COURT OF ALABAMA, August 11, 2000, Released
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Overview: Judgment reversed in part, as there was substantial evidence presented that insurers denied insured's health insurance claims in bad faith by not undertaking a meaningful investigation of insured's appeal of coverage denial.

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