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| Fox v. City of Huntsville, 1051276,
SUPREME COURT OF ALABAMA, November 26, 2008, Released
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Overview: Police officers filed a grievance against a city over a pay dispute. As the city council mistakenly treated the grievance as an unlawful attempt to contest the validity of an ordinance, rather than as an attempt to enforce the ordinance, which is what it was, this legal error by the council entitled the officers to a common-law writ of certiorari.
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| Martin v. Battistella, 1070394,
SUPREME COURT OF ALABAMA, November 26, 2008, Released
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Overview: Selling veterinary was properly granted summary judgment in buying veterinarian's action for declaratory judgment seeking a determination of the enforceability of a noncompetition clause, because the matter was not ripe where no breach had occurred, as selling veterinarian had not yet opened a new clinic; thus, no damages could be proven.
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| Nationwide Mut. Fire Ins. Co. v. Estate of Files, 1071288,
SUPREME COURT OF ALABAMA, November 26, 2008, Released
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Overview: Because an insured failed to comply with the notice requirement of his homeowner's insurance policy, pursuant to Ala. Code ¿¿ 27-23-1 and -2, the injured party was not entitled to reach and apply the liability coverage of that policy to satisfy a judgment that he had obtained against the insured.
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| Orix Fin. Servs. v. Murphy, 1070996,
SUPREME COURT OF ALABAMA, November 26, 2008, Released
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Overview: Although borrower did not negotiate note's forum-selection clause, he signed note and was thus subject to its terms. Thus, as his designated agent to accept service was duly served under N.Y. C.P.L.R. ¿¿ 308, New York had personal jurisdiction over him and default judgment entered against him there was enforceable in Alabama.
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