9 Alabama opinions name it 1 courts 1992–2002 0 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 |
|---|---|---|
Jones v. Merrill Lynchgreen2 sentences2001Id. at 403-04 , 388 U.S. 395 , 87 S.Ct. 1801 , 18 L.Ed.2d 1270 ; see also Jones v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 604 So.2d 332 (Ala.1991). 2001Id. at 403-04, 87 S.Ct. 1801 ; see also Jones v. Merrill Lynch, Pierce, Fenner Smith, Inc. , 604 So.2d 332 (Ala. 1991). | 2 | 2 |
Anniston Lincoln Mercury Dodge v. Connergreen2 sentences2000In Anniston Lincoln Mercury Dodge v. Conner, 720 So.2d 898, 901 (Ala.1998), this Court held: "[W]hen a party claims fraud in the inducement relating to the validity of the arbitration clause itself, an issue that goes to the `making' of the agreement to arbitrate, a court may adjudicate that claim; however, if the claim of fraud in the inducement actually bears upon the entire agreement and upon the activities *1208 of the parties in general, then an arbitrator, rather than a court, shall adjudicate that claim, examining the making of the contract in its entirety." Although Yarbrough alleges t 2000In Anniston Lincoln Mercury Dodge v. Conner, 720 So.2d 898, 901 (Ala.1998), this Court held: "[W]hen a party claims fraud in the inducement relating to the validity of the arbitration clause itself, an issue that goes to the `making' of the agreement to arbitrate, a court may adjudicate that claim; however, if the claim of fraud in the inducement actually bears upon the entire agreement and upon the activities *1208 of the parties in general, then an arbitrator, rather than a court, shall adjudicate that claim, examining the making of the contract in its entirety." Although Yarbrough alleges t | 2 | 2 |
Ex Parte Alabama Oxygen Company, Inc.green2 sentences1995See Ex parte Alabama Oxygen Co., 452 So.2d 860 (Ala.1994). 1995See Ex parte Alabama Oxygen Co. , 452 So.2d 860 (Ala. 1994). | 2 | 2 |
NationsBanc Investments, Inc. v. Paramoregreen1 sentence2000In Anniston Lincoln Mercury Dodge v. Conner, 720 So.2d 898, 901 (Ala.1998), this Court held: "[W]hen a party claims fraud in the inducement relating to the validity of the arbitration clause itself, an issue that goes to the `making' of the agreement to arbitrate, a court may adjudicate that claim; however, if the claim of fraud in the inducement actually bears upon the entire agreement and upon the activities *1208 of the parties in general, then an arbitrator, rather than a court, shall adjudicate that claim, examining the making of the contract in its entirety." Although Yarbrough alleges t | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Prima Paint Corp. v. Flood & Conklin Mfg. Co.
green
2 sentences2001Id. at 403-04 , 388 U.S. 395 , 87 S.Ct. 1801 , 18 L.Ed.2d 1270 ; see also Jones v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 604 So.2d 332 (Ala.1991). 2001Id. at 403-04, 87 S.Ct. 1801 ; see also Jones v. Merrill Lynch, Pierce, Fenner Smith, Inc. , 604 So.2d 332 (Ala. 1991). | 3 | 1998–2001 |
Titan Indem. Co. v. Riley
green
2 sentences2002Wantonness is also defined as "the conscious doing of some act or the omission of some duty, while knowing of the existing conditions and being conscious that, from doing or omitting to do an act, injury will likely or probably result." 723 So.2d at 1256. 7 Murphy was narrowed in Titan Indemnity Co. v. Riley, 679 So.2d 701 (Ala. 1996), to apply to those cases where the insurance proceeds were payable to the insured, and not to a third party. 8 In our original opinion in Jackson, we remanded the case for the trial court to determine the validity of the arbitration clause that prohibited the arb 2002Wantonness is also defined as "the conscious doing of some act or the omission of some duty, while knowing of the existing conditions and being conscious that, from doing or omitting to do an act, injury will likely or probably result." 723 So.2d at 1256. [7] Murphy was narrowed in Titan Indemnity Co. v. Riley, 679 So.2d 701 (Ala.1996), to apply to those cases where the insurance proceeds were payable to the insured, and not to a third party. [8] In our original opinion in Jackson , we remanded the case for the trial court to determine the validity of the arbitration clause that prohibited the | 1 | 2002–2002 |
Southside Internists Group PC Money Purchase Pension Plan v. Janus Capital Corp.
green
1 sentence1992(Emphasis added.) See also, Southside Internists Group PC Money Purchase Pension Plan v. Janus Capital Corp. , 741 F. Supp. 1536 (N.D.Ala. 1990) (holding that when a court is considering the validity of an arbitration provision it may not consider any claims except those relating to the validity of the arbitration clause). | 1 | 1992–1992 |
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.