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Foremost Ins. Co. v. Parham, 693 So.2d 409 (Ala. 1997).Robert W. Bradford, Jr. Insured filed suit against homeowner insurance for misrepresentation that no premium would be due for first year on mobile home insurance and that coverage for adjacent structures optional. Circuit Court - jury verdict for Insured but judge reduced compensatory and punitive damages award. Supreme Court affirmed on condition of accepting remittitur of approximately 95%. This decision resulted in the elimination of the justifiable reliance standard, which had plagued insurers back to reasonable reliance. Elgin v. Alfa Corp., 598 So.2d 807 (Ala.1992).Robert W. Bradford, Jr. Derivative action. Circuit Court granted Defendants motion to dismiss as Plaintiff had no standing. Supreme Court affirmed in part; remanded. Metropolitan Life Ins. Co. v. Ward, 470 U.S. 869, 105 S.Ct. 1676, 84 L.Ed.2d 751, (1985).Robert W. Bradford, Jr. Insurance companies incorporated outside of state of Alabama brought suit seeking judgment declaring unconstitutional an Alabama statute imposing substantially lower gross premiums tax rate on domestic insurance companies than out-of-state insurance companies, and requiring Alabama Commissioner of Insurance to make appropriate refunds. Several domestic companies intervened and cases were consolidated. The Circuit Court held that statute was constitutional, and plaintiff insurers appealed. The Court of Civil Appeals affirmed. On certiorari, Alabama Supreme Court entered judgment for the state and interveners on plaintiff's equal protection challenge. Plaintiffs petitioned the U.S. Supreme Court, which reversed and remanded. Beaver Const. Co., Inc. v. Lakehouse, L.L.C., 742 So.2d 159 (Ala. 1999).John R. Bradwell. Supreme Court ruled that Plaintiff's claims, including tort claims, were subject to binding arbitration. Ex parte Wal-Mart Stores, Inc., 689 So.2d 60 (Ala. 1997).John R. Bradwell. Supreme Court ruled that Plaintiff consumers could not seek tax refunds directly for retailers, but must seek refund from State. Jewell v. Seaboard Indus., Inc., 667 So.2d 653, 28 UCC Rep.Serv.2d 168 (Ala. 1995).John R. Bradwell Court defined notice requirements in actions for breach of contract involving manufactured homes. Summary judgment for our client affirmed. Winn-Dixie Montgomery, Inc. v. Wright, 619 So.2d 1302 (Ala. 1993).John R. Bradwell. Consumers against retailer for sales tax on total price of beer, wine and tobacco including excise tax. Supreme Court held that excise tax had to be deducted before sales tax calculated. Buchanan v. Mitchell, 741 So.2d 1055 (Ala.1999). Joana S. Ellis. Summary judgment by trial court upheld in favor of landlord client based on finding that plaintiff who fell off ladder was contributorily negligent as a matter of law.
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