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   State Courts - Alabama - September 3, 2004

  
Ala. Power Co. v. Moore, 1021937, SUPREME COURT OF ALABAMA, September 3, 2004, Released
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Overview: Power company was entitled to judgment as a matter of law, in a negligence and wantonness suit filed against it, where an injured party's intentional act of breaking its guy wire was an intervening event that severed the chain of proximate causation.

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C.L.C. v. D.W.R., 2010960, COURT OF CIVIL APPEALS OF ALABAMA, September 3, 2004, Released
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Ex parte AAMCO Transmissions, Inc., 1031006, SUPREME COURT OF ALABAMA, September 3, 2004, Released
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Overview: Corporation waived its improper venue defense by failing to raise it in its answer. A decision clarifying the law on venue did not make the corporation's defense viable, as the corporation did not move to amend its answer as a result of the decision.

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Ex parte Atlantis Dev. Co., 1030475, SUPREME COURT OF ALABAMA, September 3, 2004, Released
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Overview: Demand for a jury trial contained within a counterclaim alleging fraud, filed more than 30 days after the issue was raised as an affirmative defense, was untimely, as said demand was not filed as part of a corporation's original answer to a lawsuit.

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Ex parte CIT Commun. Fin. Corp., 1030964, SUPREME COURT OF ALABAMA, September 3, 2004, Released
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Overview: Phone company was granted mandamus relief, in an action filed against it by a class representative, where the discovery sought from it related solely to the merits of the claims or defenses in the action and not to any issue of class certification.

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Ex parte Med. Licensure Comm'n, 1022156, SUPREME COURT OF ALABAMA, September 3, 2004, Released
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Overview: Doctor's medical license was properly revoked upon allegations of sexual misconduct and a posed risk to his patients. Further, his due process rights were not violated where he could obtain the equivalent of the complaining witness's statements.

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Ex parte Norfolk S. Ry. Co., 1030476, SUPREME COURT OF ALABAMA, September 3, 2004, Released
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Overview: Railroads were granted mandamus relief, and the trial court was directed to set aside its order requiring production of statements given by a conductor to a claims agent, as such were prepared in anticipation of litigation.

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Ex parte Terminix Int'l Co. L.P., 1030621, SUPREME COURT OF ALABAMA, September 3, 2004, Released
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Overview: Company's request for a writ of mandamus was granted, as homeowners were required to file a motion to compel once the company objected to homeowners' discovery requests. Trial court improperly denied motions to reconsider and for a protective order.

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Ex parte Triplett, 1031149, SUPREME COURT OF ALABAMA, September 3, 2004, Released
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Overview: Where the trial court denied defendant's motion to reopen the trial proceedings so that he could recall certain witnesses and testify, such denied him a basic right and amounted to an abuse of discretion.

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Ex parte W.L. Halsey Grocery Co., 1030863, SUPREME COURT OF ALABAMA, September 3, 2004, Released
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Overview: Trial court abused its discretion in eliminating protections granted to company by confidentiality agreement with defendants as much of information was trade secrets, entitled to protection in excess of that provided in normal discovery process.

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