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   State Courts - Alabama - November 12, 2004
  
Allied Williams Cos. v. Davis, 1030207, SUPREME COURT OF ALABAMA, November 12, 2004, Released
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Overview: Non-signatory pest control company could enforce arbitration provision in home's sale contract when sued over its certification that home was free of insects as transaction affected interstate commerce and buyers were estopped to resist arbitration.

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Ex parte Hanna Steel Corp., 1031773, SUPREME COURT OF ALABAMA, November 12, 2004, Released
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Overview: Jurisdiction granted to the Bessemer Division of the Jefferson Circuit Court (Alabama) was limited to cases arising in that division, and enactment of venue statute did not reject case law which restricted the court's venue in that manner.

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Ex parte Smith, 1031208, SUPREME COURT OF ALABAMA, November 12, 2004, Released
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Overview: Writ of certiorari to review summary judgment in wrongful discharge suit was quashed where employee's only argument to trial court was immaterial to its judgment, which was based on evidence that decision to discharge predated employee's injury.

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Ex parte White, 1040031, SUPREME COURT OF ALABAMA, November 12, 2004, Released
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Nelson v. Dollar Gen. Corp., 2030324, COURT OF CIVIL APPEALS OF ALABAMA, November 12, 2004, Decided
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Nowell v. City of Dothan Pers. Bd., 2030486, COURT OF CIVIL APPEALS OF ALABAMA, November 12, 2004, Released
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Sheffield v. Choctaw Transp., Inc., 2030821, COURT OF CIVIL APPEALS OF ALABAMA, November 12, 2004, Released
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Overview: Where an employee's affidavit in opposition to an employer's summary judgment motion in a workers' compensation benefits case explained the context of a comment in the employee's deposition, it should not have been excluded.

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Wal-Mart Stores, Inc. v. Pitts, 2030041, COURT OF CIVIL APPEALS OF ALABAMA, November 12, 2004, Released
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Overview: Employee was not entitled to relief from judgment finding that her neuropathy and toenail fungus were not related to work-related back injury based on newly discovered evidence as evidence she submitted did not exist when judgment was entered.

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