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| Alfa Life Ins. Corp. v. Green, 1011798,
SUPREME COURT OF ALABAMA, September 12, 2003, Released
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Overview: Where the evidence showed that the insureds failed to prove that they reasonably relied on the insurer's alleged misrepresentations regarding a whole-life policy, the insurer was entitled to judgment as a matter of law on the insured's fraud claim.
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| Avis Rent A Car Sys. v. Heilman, 1020672, 1020667,
SUPREME COURT OF ALABAMA, September 12, 2003, Released
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Overview: Certification of unjust enrichment and conspiracy claims against car rental agencies was error, as was inclusion of corporations and corporate travelers in class, but certification of breach of contract claims for individual renters was not error.
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| Capitol Chevrolet & Imps., Inc. v. Payne, 1021027,
SUPREME COURT OF ALABAMA, September 12, 2003, Released
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Overview: Arbitration agreement applied only to issues arising from the purchase and financing of a car and did not cover fraud issues that arose out of a later contract for the sale of the car; thus, arbitration could not be compelled in the fraud action.
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| Dudley v. Anderson, 2010974,
COURT OF CIVIL APPEALS OF ALABAMA, September 12, 2003, Released
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Overview: Trial court did not err in relieving a party from the effect of any procedural waiver that might have arisen as result of his failure to plead payment as an affirmative defense, as the parties presented evidence that the payment was made.
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| Ex parte E.T., 2020423,
COURT OF CIVIL APPEALS OF ALABAMA, September 12, 2003, Released
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Overview: Juvenile court had authority to enter order directing a former foster mother and foster siblings to have visitation rights with a foster child where a prior order granting custody of the child to her aunt and uncle was not a final judgment.
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| Ex parte First Ala. Bank, 1020855,
SUPREME COURT OF ALABAMA, September 12, 2003, Released
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Overview: Where bank customer's earlier testimony was completely inconsistent with position in instant action, customer was judicially estopped from asserting his claims against bank, as privity and detrimental reliance were not required for judicial estoppel.
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| Ex parte Troncalli Chrysler Plymouth Dodge, Inc., 1021135,
SUPREME COURT OF ALABAMA, September 12, 2003, Released
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Overview: Fact that Georgia dealership used a website to notify other dealerships of vehicles in its inventory was not enough to give Alabama trial court personal jurisdiction over the dealership in an action by Alabama resident who ordered truck in Alabama.
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| Fort James Operating Co. v. Irby, 2020598,
COURT OF CIVIL APPEALS OF ALABAMA, September 12, 2003, Released
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Overview: Where disability retirement benefits paid to an employee were not based solely on age and length of service, but were paid as a result of the employee's disability, the employer was entitled to a set off against a workers' compensation award.
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| K.H.M. v. D.L.I., 2011216,
COURT OF CIVIL APPEALS OF ALABAMA, September 12, 2003, Decided
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Overview: Juvenile court properly refused to terminate a father's parental rights where a father initially questioned paternity because as soon as paternity was established the father paid support and made some effort to contact the child.
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| Morrow v. Helms, 2990942,
COURT OF CIVIL APPEALS OF ALABAMA, September 12, 2003, Released
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Overview: Regarding claims of undue influence and testamentary capacity in a will contest, the issue of whether the proponents of a will were favored beneficiaries was a question of fact for the jury, thus warranting a new trial on remand.
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