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16 Alabama opinions name it 2 courts 1991–2024 4 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Allied-Bruce Terminix Cos., Inc. v. Dobsongreen2 sentences2013However, in Allied-Bruce Terminix [Cos. v. Dobson, 513 U.S. 265, 270 (1995) ], the Supreme Court of the United States held that the Federal Arbitration Act preempts § 8-1-41(3) of the Alabama Code in a contract, like this one, that involves interstate commerce.” See also Homes of Legend, Inc. v. McCollough, 776 So.2d 741 , 747 n. 9 (Ala.2000) (“Moreover, even if the choice-of-law clause were interpreted as including Alabama substantive law, namely, Ala.Code 1975, § 8-1-41(3), and, thereby, to conflict with the arbitration provision, that statute would be preempted because it conflicts with the 2000See Allied-Bruce Terminix Cos., 513 U.S. at 272-73 , 115 S.Ct. 834 ; Volt Information Sciences, Inc., 489 U.S. at 477 , 109 S.Ct. 1248 . [10] Because the parties expressly agreed to be bound by the FTC regulations prohibiting the inclusion of a binding arbitration provision in a written warranty, and because we construe the written warranty not to require binding arbitration, we need not address Homes of Legend's argument that Southern Energy Homes, Inc. v. Lee, 732 So.2d 994 (Ala.1999), was incorrectly decided and should be overruled. [11] Homes of Legend also argues that the Magnuson-Moss Ac | 2 | 2 |
Ex Parte Procom Services, Inc.green2 sentences2017The Crane Court relied on Ex parte Procom Services, Inc. , 884 So.2d 827 (Ala. 2003), in which this Court decided the validity of an outbound forum-selection clause under Alabama law despite a choice-of-law clause in the contract stating that Texas law governed disputes between the parties. 2006See, e.g., Ex parte Procom Servs., Inc. , 884 So.2d 827 (Ala. 2003) (deciding the validity of an outbound forum-selection clause under Alabama law despite a choice-of-law clause in the contract stating that Texas law governed disputes between the parties). | 1 | 2 |
Ex Parte Citicorp Acceptance Co., Inc.green1 sentence1998See generally Ex parte Citicorp Acceptance Co. , 715 So.2d 199 (Ala. 1997) (requiring a "rigorous analysis" of the requirements necessary for class certification, including an analysis of the applicable choice of law). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Patrick v. Williams
green
2 sentences2024The court does not have to undertake a choice-of-law analysis to determine whether the individual who is claiming to be a person acting as a parent has standing to seek custody of the child." In Patrick v. Williams, 952 So. 2d 1131 (Ala. Civ. 2024The court does not have to undertake a choice-of-law analysis to determine whether the individual who is claiming to be a person acting as a parent has standing to seek custody of the child." In Patrick v. Williams, 952 So. 2d 1131 (Ala. Civ. | 4 | 2024–2024 |
Twin City Pipe Line Co. v. Harding Glass Co.
green
2 sentences2018This is in recognition that it is primarily "for the lawmakers to determine the public policy of the state." Twin City Pipe Line Co. v. Harding Glass Co. , 283 U.S. 353 , 357, 51 S.Ct. 476 , 75 L.Ed. 1112 (1931). 2018This is in recognition that it is primarily "for the lawmakers to determine the public policy of the state." Twin City Pipe Line Co. v. Harding Glass Co. , 283 U.S. 353 , 357, 51 S.Ct. 476 , 75 L.Ed. 1112 (1931). | 2 | 2018–2018 |
Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.
green
2 sentences2000See Allied-Bruce Terminix Cos., 513 U.S. at 272-73 , 115 S.Ct. 834 ; Volt Information Sciences, Inc., 489 U.S. at 477 , 109 S.Ct. 1248 . [10] Because the parties expressly agreed to be bound by the FTC regulations prohibiting the inclusion of a binding arbitration provision in a written warranty, and because we construe the written warranty not to require binding arbitration, we need not address Homes of Legend's argument that Southern Energy Homes, Inc. v. Lee, 732 So.2d 994 (Ala.1999), was incorrectly decided and should be overruled. [11] Homes of Legend also argues that the Magnuson-Moss Ac 2000See Allied-Bruce Terminix Cos., 513 U.S. at 272-73 , 115 S.Ct. 834 ; Volt Information Sciences, Inc., 489 U.S. at 477 , 109 S.Ct. 1248 . [10] Because the parties expressly agreed to be bound by the FTC regulations prohibiting the inclusion of a binding arbitration provision in a written warranty, and because we construe the written warranty not to require binding arbitration, we need not address Homes of Legend's argument that Southern Energy Homes, Inc. v. Lee, 732 So.2d 994 (Ala.1999), was incorrectly decided and should be overruled. [11] Homes of Legend also argues that the Magnuson-Moss Ac | 2 | 1991–2000 |
Professional Ins. Corp. v. Sutherland
green
1 sentence2017In Professional Insurance Corp. v. Sutherland , 700 So.2d 347 (Ala. 1997), this Court adopted the majority rule that an outbound forum-selection clause should be enforced so long as its enforcement is neither unfair nor unreasonable under the circumstances. | 1 | 2017–2017 |
Homes of Legend, Inc. v. McCollough
green
1 sentence2013However, in Allied-Bruce Terminix [Cos. v. Dobson, 513 U.S. 265, 270 (1995) ], the Supreme Court of the United States held that the Federal Arbitration Act preempts § 8-1-41(3) of the Alabama Code in a contract, like this one, that involves interstate commerce.” See also Homes of Legend, Inc. v. McCollough, 776 So.2d 741 , 747 n. 9 (Ala.2000) (“Moreover, even if the choice-of-law clause were interpreted as including Alabama substantive law, namely, Ala.Code 1975, § 8-1-41(3), and, thereby, to conflict with the arbitration provision, that statute would be preempted because it conflicts with the | 1 | 2013–2013 |
Etheredge v. Genie Industries, Inc.
green
1 sentence2002Etheredge v. Genie Indus., Inc., 632 So.2d 1324 (Ala.1994); Fitts v. Minnesota Mining & Mfg. | 1 | 2002–2002 |
Mastrobuono v. Shearson Lehman Hutton, Inc.
green
1 sentence2001Id. at 53-55 , 115 S.Ct. 1212 . | 1 | 2001–2001 |
Southern Energy Homes, Inc. v. Lee
green
1 sentence2000See Allied-Bruce Terminix Cos., 513 U.S. at 272-73 , 115 S.Ct. 834 ; Volt Information Sciences, Inc., 489 U.S. at 477 , 109 S.Ct. 1248 . [10] Because the parties expressly agreed to be bound by the FTC regulations prohibiting the inclusion of a binding arbitration provision in a written warranty, and because we construe the written warranty not to require binding arbitration, we need not address Homes of Legend's argument that Southern Energy Homes, Inc. v. Lee, 732 So.2d 994 (Ala.1999), was incorrectly decided and should be overruled. [11] Homes of Legend also argues that the Magnuson-Moss Ac | 1 | 2000–2000 |
Dianne Castano v. The American Tobacco Company
green
2 sentences1996Id. at 749-50 . 1996Id. at 749-50 . | 1 | 1996–1996 |
Harrison v. Insurance Company of North America
green
2 sentences1994Harrison v. Insurance Co. of N. America , 294 Ala. 387 , 391 , 318 So.2d 253 , 257 (1975); Macey v. Crum , 249 Ala. 249 , 252 , 30 So.2d 666 , 669 (1947); Furst Thomas v. Sandlin , 208 Ala. 490 , 492 , 94 So. 740 , 742 (1922). 1994Harrison v. Insurance Co. of N. America , 294 Ala. 387 , 391 , 318 So.2d 253 , 257 (1975); Macey v. Crum , 249 Ala. 249 , 252 , 30 So.2d 666 , 669 (1947); Furst Thomas v. Sandlin , 208 Ala. 490 , 492 , 94 So. 740 , 742 (1922). | 1 | 1994–1994 |
Furst & Thomas v. Sandlin
green
2 sentences1994Harrison v. Insurance Co. of N. America , 294 Ala. 387 , 391 , 318 So.2d 253 , 257 (1975); Macey v. Crum , 249 Ala. 249 , 252 , 30 So.2d 666 , 669 (1947); Furst Thomas v. Sandlin , 208 Ala. 490 , 492 , 94 So. 740 , 742 (1922). 1994Harrison v. Insurance Co. of N. America , 294 Ala. 387 , 391 , 318 So.2d 253 , 257 (1975); Macey v. Crum , 249 Ala. 249 , 252 , 30 So.2d 666 , 669 (1947); Furst Thomas v. Sandlin , 208 Ala. 490 , 492 , 94 So. 740 , 742 (1922). | 1 | 1994–1994 |
MacEy v. Crum
green
2 sentences1994Harrison v. Insurance Co. of N. America , 294 Ala. 387 , 391 , 318 So.2d 253 , 257 (1975); Macey v. Crum , 249 Ala. 249 , 252 , 30 So.2d 666 , 669 (1947); Furst Thomas v. Sandlin , 208 Ala. 490 , 492 , 94 So. 740 , 742 (1922). 1994Harrison v. Insurance Co. of N. America , 294 Ala. 387 , 391 , 318 So.2d 253 , 257 (1975); Macey v. Crum , 249 Ala. 249 , 252 , 30 So.2d 666 , 669 (1947); Furst Thomas v. Sandlin , 208 Ala. 490 , 492 , 94 So. 740 , 742 (1922). | 1 | 1994–1994 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.