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| Am. Gen. Fin. Co. v. Estate of Hurston, 1050366,
SUPREME COURT OF ALABAMA, October 13, 2006, Released
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| Ex parte McCullar, 1051482,
SUPREME COURT OF ALABAMA, October 13, 2006, Decided
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| Ex parte Shouldis, 1051357,
SUPREME COURT OF ALABAMA, October 13, 2006, Released
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| Goolesby v. Koch Farms, LLC, 1041084,
SUPREME COURT OF ALABAMA, October 13, 2006, Released
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Overview: Because trial court correctly limited damages to growers' lost net income under grower contract, excluding consequential damages and damages based on growers' investment expenditures in reliance on contract, it did not err in granting farming corporation's motion for remittitur or by ordering a new trial when growers refused to accept remittitur.
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| In re Anonymous, 2060022,
COURT OF CIVIL APPEALS OF ALABAMA, October 13, 2006, Decided
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Overview: Because the findings in a juvenile court's denial of a minor's Ala. Code § 26-21-4 (1975) petition for a waiver of parental consent for an abortion were conclusory and failed to address whether an abortion would be in the best interest of the minor, the matter had to be remanded for sufficient findings of fact and conclusions of law.
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| Morales v. Barnett, 2050326,
COURT OF CIVIL APPEALS OF ALABAMA, October 13, 2006, Released
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Overview: Because no reason existed to distinguish uninsured-motorist benefits received by an insured from collateral sources, which were typically excluded from computations under the collateral-source rule, the trial court erred in reducing her damages award by the amount of uninsured-motorist benefits she received.
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| Samford Univ. v. City of Homewood, 1050444,
SUPREME COURT OF ALABAMA, October 13, 2006, Decided
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Overview: Prejudgment interest began to run on the date the condemnor posted bond on a prospective condemned property, unless the condemnor took actual possession of the property before posting bond, in which case, prejudgment interest began to run on the date the condemnor took actual possession.
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| Schlarb v. Lee, 1050413,
SUPREME COURT OF ALABAMA, October 13, 2006, Released
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Overview: Because the facts and issues relating to an employee's claim of breach of contract were so closely intertwined with those relating to her fraud and conversion claims, the trial court exceeded its discretion in certifying, pursuant to Ala. R. Civ. P. 54(b), a partial summary judgment on the fraud and conversion claims as final.
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| Systrends, Inc. v. Group 8760, LLC, 1041548 and 1041795, 1041569 and 1041930, 1050058,
SUPREME COURT OF ALABAMA, October 13, 2006, Released
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Overview: A former employer did not carry its burden of proving by substantial evidence the claim it made under the Alabama Trade Secrets Act, Ala. Code §§ 8-27-1 to 8-27-6, that a subsequent employer used the former employer's trade secrets during the development of software products. The former employer's claim required inferences based upon inferences.
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