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   State Courts - Alabama - September 14, 2001

  
Allstate Ins. Co. v. Eskridge, 1981754, SUPREME COURT OF ALABAMA, September 14, 2001, Released
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Overview: Employee could not have reasonably relied on head of human resources' statement that he could take indefinite sick leave. Trial court erred in denying employer's motion for judgment as matter of law as to fraud claim.

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Credit Sales, Inc. v. Crimm, 1000296, SUPREME COURT OF ALABAMA, September 14, 2001, Released
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Overview: Car buyer, who based her claims regarding return of her down payment on another party's contract with car dealer, could not, at the same time, seek to avoid operation of arbitration provision of that contract.

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Dean v. Dir., 2000740, COURT OF CIVIL APPEALS OF ALABAMA, September 14, 2001, Released
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Overview: Once a hearing was set, trial court abused its discretion by granting party summary judgment where opposition to motion was timely filed and not considered prior to entering the order.

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Ex parte Davenport, 1000352, SUPREME COURT OF ALABAMA, September 14, 2001, Released
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Ex parte Elba Gen. Hosp. & Nursing Home, Inc., 1000770, SUPREME COURT OF ALABAMA, September 14, 2001, Released
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Overview: Appellate court's reversal of trial court's grant of summary judgment to hospital was error as appellate court relied on executor's alleged oral motion that nurse's affidavit was inadmissible and record did not show motion was made or ruled on.

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Ex parte Hails, 1000708, SUPREME COURT OF ALABAMA, September 14, 2001, Released
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Ex parte James, 1001743, SUPREME COURT OF ALABAMA, September 14, 2001, Released
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Ex parte Meadowcraft Indus., 1000134, SUPREME COURT OF ALABAMA, September 14, 2001, Released
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Overview: Verdict for worker in suit against premises owner for failure to provide safe workplace was reversed. Judgment as a matter of law should have been granted to owner. Owner fulfilled its duty to warn. Worker had ample awareness of hazards.

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Ex parte Pratt, 1000535, SUPREME COURT OF ALABAMA, September 14, 2001, Released
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Overview: Transfer of case to different county was abuse of discretion because property owners demonstrated that venue was proper in Macon County, Alabama, and established appropriateness for one plaintiff residing in different county.

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Ex parte Smith, 1001102, SUPREME COURT OF ALABAMA, September 14, 2001, Released
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Overview: Defendant's objection to admission of custodial statement on basis that State had not laid proper predicate was sufficient to preserve issue for appellate review. Case was remanded for consideration of merits of defendant's claims.

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