Justia Alabama Supreme Court Opinion Summaries

Defendants below, J. Don Gordon Construction, Inc. and Western Surety Company appealed the circuit court's judgment on an arbitration award entered against them. The defendants argued that the award should have been vacated for various reasons under section 10(a) of the Federal Arbitration Act, 9 U.S.C. 1 et seq. ("the FAA"). After review of their arguments, the Alabama Supreme Court was unpersuaded by the argument: the arbitrator's failure to recuse himself upon learning the information about a domestic-violence case did not indicate evident partiality. The large award of legal fees against Western Surety –– an award the arbitrator testified was "significantly less" than the amount claimed by the plaintiffs –– did not indicate evident partiality, either. "The alleged partiality at most suggests a 'mere appearance' of bias that is remote, uncertain, and speculative rather than 'direct, definite, and capable of demonstration.' [ . . .] A reasonable person would not have to conclude that the arbitrator was partial given these facts." The Court affirmed the circuit court's order. View "J. Don Gordon Construction, Inc. v. Brown" on Justia Law

Defendants Quality Carriers, Inc. and Bennie Hugh Orcutt filed a petition for a writ of mandamus to direct the Dallas Circuit Court to vacate its order denying their motion to transfer the underlying action to the Autauga Circuit Court and to enter an order granting the motion. Desmond Woods was driving northbound on Interstate 65 in Autauga County; Kimberly Livingston, Tory Cooper, Marquita Speer ("Marquita"), and Aaron Jones were passengers in the automobile. The automobile Woods was driving had a mechanical problem and stalled in the right travel lane; it was nighttime, and the lights on the automobile were not on. Woods, Cooper, and Jones got out of the automobile and started looking under the hood. Livingston and Marquita remained in the automobile. Orcutt, who was employed by Quality Carriers, was also traveling northbound on Interstate 65 in a tractor-trailer rig that was owned by Quality Carriers. The tractor-trailer rig Orcutt was driving collided with the back of the automobile. Both vehicles caught fire. Livingston and Marquita, who were in the automobile when it caught fire, were pronounced dead at the scene by the Autauga County coroner. Woods and Cooper were transported to Prattville Hospital. According to the accident report, marijuana was found on Woods's person at the hospital. At the time the accident report was filed, toxicology results were pending to determine whether Woods was under the influence of marijuana at the time of the crash. Upon review of defendants' argment on appeal, the Supreme Court concluded that the trial court exceeded its discretion in denying Quality Carriers and Orcutt's motion for a transfer based on the interest-of-justice prong of the forum non conveniens statute. Accordingly, the Court granted the petition for the writ of mandamus and directed the trial court, in the interest of justice, to enter an order transferring the case from the Dallas Circuit Court to the Autauga Circuit Court. View "Ex parte Quality Carriers, Inc." on Justia Law

Keith Westphal and Joyce Osborn Wilson filed suit against David Northcutt III, DMD, Bobby R. Wells, DMD, Stephen R. Stricklin, DMD, Thomas T. Willis, DMD, Sam J. Citrano, Jr., DMD, William Chesser, DMD, and Sandra Kay Alexander, RDH, in their official capacities as members of the Alabama Board of Dental Examiners. Westphal and Wilson sought a judgment declaring unconstitutional the portion of the Alabama Dental Practice Act, (Sec. 34-9-1 et seq., Ala. Code 1975) that made it unlawful for anyone other than a duly licensed dentist to perform teeth-whitening services, and sought a permanent injunction forbidding future enforcement of the prohibition in the Act on teeth-whitening services performed by non-dentists. The parties submitted cross-motions for a summary judgment, and the Jefferson Circuit Court entered a summary judgment in favor of the Dental Board. Westphal and Wilson appealed. But finding no reversible error, the Supreme Court affirmed. View "Westphal v. Northcutt III" on Justia Law

Christopher Floyd was convicted for the 2005 murder of Waylon Crawford, for which he was sentenced to death. The Alabama Supreme Court issued a writ of certiorari to determine whether the following holdings of the Court of Criminal Appeals in Floyd's appeal of his capital-murder conviction were proper: that the the trial court did not err in holding that the State provided valid race- and gender-neutral reasons for its exercise of its peremptory strikes during jury selection; that the trial court did not err by refusing to admit into evidence all of Floyd's statements made to law-enforcement officers; and that the trial court did not err in denying Floyd's motion for a new trial based on newly discovered evidence. Finding no reversible error, the Supreme Court affirmed. View "Ex parte Christopher Floyd" on Justia Law

Nicholson Manufacturing Limited petitioned for a writ of mandamus to direct the Tuscaloosa Circuit Court to enter a summary judgment in its favor on the ground that Gerald Templeton's substitution of Nicholson for a fictitiously named defendant was made after the expiration of the applicable statutory limitations period and did not "relate back" to the filing of the original complaint. After review, the Supreme Court concluded Nicholson established it had a clear legal right to the relief requested. The Court granted the petition and issued the writ. View "Ex parte Nicholson Manufacturing Ltd." on Justia Law

Gudel AG, one of several defendants to this case, petitioned for a writ of mandamus to direct the Crenshaw Circuit Court to vacate its order denying Gudel's motion to dismiss the personal-injury claims filed against it by Robert and Cindy Rutledge, and to enter an order dismissing the Rutledges' claims on the basis of a lack of in personam jurisdiction. In February 2013, Robert sued Smart Alabama, LLC ("SAL"), an automotive-parts manufacturer located in Crenshaw County, seeking to recover worker's compensation benefits in connection with an alleged work-related injury Robert suffered in November 2011 while in SAL's employ. In November 2013, Robert amended his original complaint to add a count pursuant to Alabama's Extended Manufacturer's Liability Doctrine as well as negligence and wantonness claims. In addition, the amended complaint added both Hyundai WIA ("Hyundai") and Gudel, as well as several fictitiously named entities, as defendants. The amended complaint alleged that Gudel, a foreign corporation headquartered in Switzerland, "designed, built, manufactured, tested and sold [the] subject machine/equipment that is the subject matter of [the Rutledges'] lawsuit." After review, the Supreme Court held that the trial court exceeded its discretion in determining that it possessed personal jurisdiction over Gudel. Accordingly, Gudel has established a clear legal right to the dismissal of the claims against it; therefore, the Alabama Court granted the petition and directed the trial court to vacate its order denying Gudel's motion to dismiss and to dismiss the Rutledges' claims against Gudel. View "Ex parte Gudel AG." on Justia Law

Fairfield Nursing and Rehabilitation Center, LLC; D&N, LLC; DTD HC, LLC; Aurora Cares, LLC (alleged to be doing business as "Tara Cares"); and Aurora Healthcare, LLC (collectively, "the defendants"), petitioned for a writ of mandamus to direct the trial court to vacate its February 6, 2015, order denying their "Motion to Quash Depositions and Motion for Protective Order, and Motion to Reconsider January 30, 2015[,] Order." The defendants also requested that the Supreme Court direct the trial court to grant their motion. In May 2006, Myrtis Hill was a patient at Fairfield. While under Fairfield's care, Hill suffered a broken leg when a Fairfield employee, while attempting to transfer Hill to a bedside commode, allegedly dropped her to the floor thereby breaking Hill's right leg and causing severe injury to both of her legs. After review of the trial court record, the Supreme Court concluded the defendants demonstrated they had a clear legal right to the relief they requested, and that the trial court clearly exceeded its discretion in denying the defendants' motion for a protective order. Hill's "Motion for Award of Damages based on [the defendants'] pattern and practice of filing frivolous appeals" was denied. View "Ex parte Fairfield Nursing & Rehabilitation Center, LLC" on Justia Law

On or about August 1, 2006, the University of Southern Alabama (USA) hired Azin Agah, a cell biologist, as a tenure-track employee, to teach biochemistry and to research the abnormalities in the extracellular matrix and angiogenesis associated with the pathogenesis of scleroderma. In 2010, USA did not reappoint Agah based on alleged research misconduct. In 2011, Agah sued several department members at the College of Allied Health Professions at USA and chairman of the two ad hoc committees that evaluated Agah, and other fictitiously named parties, alleging theft of electronic computer data and her research logbook and intentional and malicious interference with her contractual relationship with USA and seeking recovery of chattels in specie for the electronic data and her research logbook. On March 21, 2013, Agah amended her complaint adding USA and others as defendants and adding various claims. The only claim in her amended complaint that specifically named USA as a defendant "[sought] a declaratory judgment, injunctive relief, and monetary damages against USA for the breach by USA of [her] tenure track employment contract with USA." As a state school, USA argued it was immune from civil actions and petitions the Supreme Court for a writ of mandamus to direct the trial court to dismiss it from Agah's suit. Additionally, Amber Bartlett, a student who worked under Agah's supervision in USA's research laboratory and a defendant in the same underlying action, petitioned for a writ of mandamus to direct the trial court to issue an order quashing the subpoena issued to Alabama Psychiatric Services, P.C. ("APS"), ordering production of her mental-health records. The Court granted the petitions and issued the writs. USA and Bartlett have established that they had a clear, legal right to the relief they have requested. USA was entitled to absolute sovereign immunity from Agah's civil action, and the trial court was directed to enter a judgment of dismissal for USA. Bartlett was entitled to confidentiality of her mental-health records, and the trial court was directed to enter an order quashing Agah's subpoena for Bartlett's mental-health records from APS. View "Ex parte University of South Alabama" on Justia Law

In April 2010, Officer Brandon Brown, a police officer with the City of Fultondale, received a be-on-the-lookout ("BOLO") from dispatch for a blue Mitsubishi automobile, the occupants of which were suspected of having committed a theft, engaged in the pursuit of a blue Mitsubishi that he saw leaving the area of the offense. Moments after Officer Brown ceased pursuit of the blue Mitsubishi, the driver, Christopher Mitchell, ran a red light at an intersection and struck a vehicle being driven by Pamela Cupps in which David Cupps was a passenger. Pamela Cupps was killed and David Cupps was injured. David Cupps, on behalf of himself and as administrator of Pamela Cupps' estate, sued Mitchell, Officer Brown, and others. With regard to Officer Brown, David Cupps alleged that Officer Brown negligently and/or wantonly pursued Mitchell's vehicle by driving recklessly, that he negligently and/or wantonly pursued Mitchell's vehicle in violation of the City of Fultondale Police Department's pursuit policy and procedure, and that he violated section 32-5A-7(c), Ala. Code 1975, by operating his patrol vehicle in pursuit of another vehicle without the use of an audible signal. After the complaint was filed, David Cupps died; Allison Cupps, the administrator of the estates of David Cupps and Pamela Cupps, was substituted as the plaintiff. Officer Brown petitioned the Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to vacate its order denying his summary-judgment motion and to enter a summary judgment in his favor based on State-agent immunity and statutory immunity on claims filed against him by Allison Cupps. Finding that Officer Brown established, as a matter of law, that he was entitled to State-agent immunity from Cupps' action, the Supreme Court granted his petition and issued the writ. View "Ex parte Brandon Brown." on Justia Law

Dixon Mills Volunteer Fire Department, Inc. and its assistant fire chief, Louis Cass White, petitioned for a writ of mandamus to direct the Circuit Court to vacate its order denying their motion for summary judgment on the basis of immunity as to negligence claims asserted against them by plaintiffs L.C. Westbrook, Jr., and Kimberly Lewis. Plaintiffs were seriously injured when the automobile they were driving collided with a fire department truck that was dispatched to a house fire. Upon review of the circuit court record, the Supreme Court concluded that petitioners established a clear right to mandamus relief as to White, but not to the department itself. Accordingly, the Supreme Court granted the petition as to White, and directed the trial court to enter summary judgment in his favor on plaintiffs' negligence claim. The Court denied the petition as to the department. View "Ex parte Dixon Mills Volunteer Fire Department, Inc." on Justia Law