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| Am. Nat'l Red Cross v. ASD Specialty Healthcare, Inc., 1020446,
SUPREME COURT OF ALABAMA, October 3, 2003, Released
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Overview: Blood products constituted property under Alabama Uniform Fraudulent Transfer Act. Although Alabama Uniform Commercial Code defined furnishing, distributing, or procuring blood products as services, this was distinct from blood products themselves.
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| Ayers v. Cavalry SVP I, LLC, 2020728,
COURT OF CIVIL APPEALS OF ALABAMA, October 3, 2003, Released
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Overview: A financial institution was not entitled to summary judgment in action on account stated as it did not show account was mailed or otherwise rendered to the debtor, and, as a result, it could not show the debtor's implied agreement to pay the account.
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| Bowen v. Sec. Pest Control, Inc., 1010783,
SUPREME COURT OF ALABAMA, October 3, 2003, Released
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Overview: Parties' transaction sufficiently involved interstate commerce to trigger application of the Federal Arbitration Act. A pest control company's principal place of business was in Alabama, and it also serviced accounts in Georgia.
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| Eagle Prods., Inc. v. Glasscock, 1020206,
SUPREME COURT OF ALABAMA, October 3, 2003, Released
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Overview: Product manufacturer was entitled to judgment as a matter of law in its favor on a distributor's breach of contract claim because the manufacturer effectively terminated the agreement.
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| Ex parte Bender Shipbuilding & Repair Co., 1020545,
SUPREME COURT OF ALABAMA, October 3, 2003, Released
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Overview: An employee's claim against his employer for its intentional refusal to pay benefits in the form of alternative employment at full pay was preempted by the Longshoremen and Harbor Workers' Compensation Act.
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| Ex parte Dillard Dep't Stores, Inc., 1021239,
SUPREME COURT OF ALABAMA, October 3, 2003, Released
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Overview: In shoppers' false imprisonment action against department store chain, trial court erroneously compelled discovery of voluminous documents from chain's more than 100 stores, despite shoppers' failure to show benefits to be derived from documents.
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| Ex parte Leasecomm Corp., 1021212,
SUPREME COURT OF ALABAMA, October 3, 2003, Released
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Overview: Forum selection clause, requiring litigation of disputes in Massachusetts, was enforceable, as lessee failed to establish fraud in inducement. Where lessee was not permitted to get his glasses before signing agreement, he was bound by terms therein.
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| Ex parte McNabb, 1021528,
SUPREME COURT OF ALABAMA, October 3, 2003, Released
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Overview: Court of criminal appeals improperly transferred issue of its jurisdiction over mandamus petition to Supreme Court. There was no issue that should have been presented to Supreme Court; courts' chief and presiding justices did not agree to transfer.
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| Ex parte Tiffin, 1020898,
SUPREME COURT OF ALABAMA, October 3, 2003, Released
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Overview: Minority shareholders lacked standing to assert conflict of interest by law firm representing majority shareholders on ground that law firm represented corporation; minority shareholders' derivative action on behalf of corporation had been resolved.
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