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   State Courts - Alabama - August 17 - August 21, 2001

  
City of Birmingham v. Horn, 1991455 and 1991558, SUPREME COURT OF ALABAMA, August 17, 2001, Released
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Overview: Attorney fee award of $ 1,785,939, calculated under lodestar method, for successful litigation on behalf of a class was reduced and rendered to be $ 770,292. Method of calculation had been open as it had not been specified in previous appeals.

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K.L.U. v. M.C., 2000381, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2001, Released
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Overview: Visitation order was abuse of trial court's discretion because it did not set forth minimal visitation schedule for father. Thus, judgment was reversed and remanded to establish a visitation order for father that served child's best interests.

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Military Ins. Specialists, Inc. v. Life Ins. Co., 2980601, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2001, Released
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Safeco Ins. Co. v. Mobile Power & Light Co., 2990111, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2001, Released
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Smallwood v. Smallwood, 2990634, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2001, Released
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Watson v. Terminix Int'l Co., L.P., 1992237, SUPREME COURT OF ALABAMA, August 17, 2001, Released
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Overview: Mandatory stay under Federal Arbitration Act left state circuit court without subject-matter jurisdiction; thus, that court's judgment of dismissal was a void judgment and the homeowners' suit remained pending in state court.

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Wood v. Cowart Enters., 2000441, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2001, Released
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Overview: The affirmative defenses of assumption of the risk and the unclean hands doctrine could not be utilized as a valid defense to an assault and battery precipitated by an adulterous affair.

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Ex parte Ryals, CR-00-2139, COURT OF CRIMINAL APPEALS OF ALABAMA, August 21, 2001, Released
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Overview: Defendant, deputy sheriff, was not entitled to jury trial on whether administrative penalties imposed for certifying he had served documents he had not served barred criminal prosecution, nor did those penalties bar such prosecution.

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