Cases Released June 25, 2010

From the Alabama Court of Civil Appeals:

Kelley v. Kelley

McKnight v. Way et al.

Petty v. Allen, as Commissioner of the Alabama Department of Corrections

Blount County Commission v. Sherrell

Sacred Heart Health System, Inc. v. Infirmary Health System

Fort James Holding Company, Inc., d/b/a Georgia-Pacific v. Morgan

Brewster v. Soterra, LLC

Walker v. Tillman

Albright v. Poe

Shanklin v. New Pilgrim Towers, L.P.

D.F.H. v. State Department of Human Resources

B.V. v. Davidson

Complete List of Cases from the Alabama Court of Civil Appeals


From the Alabama Supreme Court:

Ex parte Jones et al.; Petition for Writ of Mandamus (In re: Levert v. Wilson et al.)

Ex parte State of Alabama; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Dean v. State of Alabama)

A.W. v. Wood, in his capacity as executive director of the Department of Youth Services, et al.

Phillips v. Seward

Kennedy v. Boles Investment, Inc.

Russell v. State of Alabama

Hartford Underwriters Insurance Company v. Reed

Complete List of Cases from the Alabama Supreme Court

Cases Released June 18, 2010

From the Alabama Court of Civil Appeals:

Stephens v. Harris

Ex parte T.C.; Petition for Writ of Mandamus (In re: T.C. v. C.E.)

D.E.C.C. v. K.N.R.

L.B. v. R.L.B.

L.M.W. v. Etowah County Department of Human Resources

Jones v. Sherrell

Ex parte Siemag, Inc. and Ex parte Sandvik Mining and Construction USA, LLC; Petitions for Writ of Mandamus (In re: Hagler, et al. v. Jim Walter Resources, Inc., et al.)

R.G. v. B.J.C., Jr.

Wheeler v. Bice

Alabama Department of Corrections et al. v. Merritt et al.

Complete List of Cases from the Alabama Court of Civil Appeals


From the Alabama Supreme Court:

Ex parte Hughes d/b/a RBM Transport Company; Petition for Writ of Mandamus (In re: Lee Lumber Company, LLC v. Hughes d/b/a RBM Transport Company)

Underwood v. Alabama State University

Blevins v. Hillwood Office Center Owners’ Association et al.

Sury v. Kuehn

Raymond James Financial Services, Inc. v. Honea

Complete List of Cases from the Alabama Supreme Court

Alabama Supreme Court Discusses Standard of Review Applicable to Ruling on Rule 60(b)(4) Motion Collaterally Attacking A Foreign Judgment

In Pirtek USA, LLC v. Whitehead et al., No 1071570, the Alabama Supreme Court restated the standard of review applicable to reviewing a ruling on a motion filed pursuant to Rule 60(b)(4) collaterally attacking a foreign judgment on the basis that the judgment is void for lack of jurisdiction.

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Cases Released June 11, 2010

Eleventh Circuit Discusses Prior Panel Rule

The prior panel rule states that when the decision of one panel of an appellate court conflicts with the decision of another panel, the decision that was issued first is binding until it is reversed by the United States Supreme Court or by an en banc decision.  Writing for the Eleventh Circuit Court of Appeals, Judge Carnes discussed the rule in Pretka v. Kolter City Plaza II, Inc., 10-11471 (11th Cir. June 8, 2010), a case in which the Court reviewed the removal of a CAFA action.  Judge Carnes mentioned the prior panel rule because Pretka addresses the manner in which a defendant may prove the amount in controversy for purposes of removal when the face of the complaint does not state the amount.  Another panel of the Court analyzed the same topic in Lowery v. Alabama Power Co., 483 F.3d 1184 (11th Cir. 2007), also a CAFA action.  Judge Carnes explained why, under the prior panel rule, the Lowery decision does not affect the holding in Pretka.