Alabama Estoppel Law

Hilda Brown v. Keystone Foods, LLC, et al.

Birmingham, Alabama civil rights lawyer represented Plaintiff, who sued Defendants on job discrimination theory because of sex. In this Title VII action, Hilda Brown asserts claims for sex discrimination and retaliation against her former employers, Keystone Foods LLC and Tyson Foods Inc.[1] Ms. Brown also asserts state law claims against the defendants. The defendants contend that j... More...

$0 (06-29-2022 - AL)

Timothy Weakley v. Eagle Logistics, Celadon Trucking

In this consolidated appeal, Timothy Weakley appeals the district court’s grant of summary judgment against him in favor of Eagle Logistics Services and Celadon Trucking Services, and its grant of summary judgment against him (in a separate lawsuit) in favor of Jennifer Roberts and Quality Companies. Weakley contends that the district court abused its discretion by dismissing his two lawsuits ba... More...

$0 (07-02-2018 - AL)

Sandra Slater v. U.S. Steel Corporation

Sandra Slater failed to disclose to the Bankruptcy Court in her pending Chapter 7 case the employment discrimination claims she was prosecuting in the instant case against U.S. Steel Corporation. Upon discovering Slater’s failure to disclose the claims to the Bankruptcy Court, U.S. Steel, citing our precedent in Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002), moved the District C... More...

$0 (06-21-2018 - AL)

Sandra Slater v. United States Steel Corporation

When an individual files for bankruptcy, he must file sworn disclosures listing his debts and his assets, including any pending civil claims, and identifying any lawsuits he has filed against others. Occasionally, a plaintiff who has a pending civil lawsuit fails to list the claims or lawsuit in these disclosures. In omitting this information, the plaintiff effectively takes inconsistent positions... More...

$0 (09-18-2017 - AL)

Spencer v. State Of Alabama

"On July 17, 2004, Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, of the Birmingham Police Department, were shot and killed, and a fourth officer, Officer Michael Collins, also of the Birmingham Police Department, was shot but survived. Officer Collins testified that while on patrol that morning, he heard a radio transmission from Officer Owen indicating that Officer Owen wa... More...

$0 (01-02-2016 - AL)

Sandra Henley v. State Farm Mutual Automobile Insurance Company

While Henley was stopped at a traffic light on December 16, 2009, an automobile operated by Charles Barbour, Jr., struck the automobile operated by Henley ("the collision"). Henley claimed that she suffered damage as a result of the collision, including personal injuries and property damage. At the time of the collision, Henley had an automobileinsurance policy with State Farm that included underi... More...

$0 (12-27-2015 - AL)

Branch Banking & Trust Company et al. v. Rex A. Nichols and Claudene Nichols

In late 2005, Sonny began talking to Winfree about obtaining financing from Colonial Bank ("Colonial"), Winfree's employer, for the purchase of approximately 500 acres of real property in Stapleton, Alabama ("the Stapleton property"). The Nicholses intended to develop the Stapleton property into a subdivision. Both Sonny and Claudene had worked in the real-estate market in Baldwin County for seve... More...

$0 (10-26-2015 - AL)

Peggy Jones v. The City of Canton

Montgomery, AL - Peggy Jones as administrator of the Estate and Personal Representative of the of Christy Down Varden, sued the City of Canton under 42 U.S.C. 1983 claiming that the bail bonding practices and policies of the City of Canton, Alabama violated her 14th and 8th Amendment rights under the United States Constitution. Court Docket: 01/15/2015 1 Inmate 1983 COMPLAINT a... More...

$0 (07-20-2015 - AL)

Darriest Likes v. DHL Express (USA), Inc.

In this putative class action, plaintiff Darriest Likes1 appeals the district court's entry of summary judgment in favor of DHL. Mr. Likes alleges that DHL violated the Worker Adjustment and Retraining Notification Act ("WARN Actâ€) by failing to provide 60 days' notice before Mr. Likes was laid off from his job at DHL's Birmingham delivery facility. After careful review, and ... More...

$0 (05-29-2015 - AL)

Brenda Robinson v. Tyson Foods, Inc.

There are two interlaced events in this case; a bankruptcy proceeding and an employment discrimination claim. In April 2002, Brenda Robinson voluntarily dismissed her Chapter 13 case because her payments increased to a rate "beyond her ability to pay,â€ and filed a second Chapter 13 bankruptcy proceeding. The second bankruptcy plan proposed complete repayment to both secured and unsecured cre... More...

$0 (02-05-2010 - AL)

Elizabeth Picard v. Credit Solutions, Inc.

This appeal presents the question of whether claims brought pursuant to the Credit Repair Organizations Act ("CROA"), 15 U.S.C. Â§ 1679 et seq., are subject to arbitration. The district court held that the statute precludes arbitration. We disagree. I. FACTUAL AND PROCEDURAL BACKGROUND Credit Solutions, Inc., a/k/a Credit Solutions of America, Inc. ("CSA") is a debt settlement comp... More...

$0 (04-06-2009 - AL)

Steven Green, et al. v. Jefferson County Commission, The General Retirement Systems for Employees of Jefferson County, Alabama

In this case, Jefferson County employees challenge as unconstitutional and violative of federal law certain amendments made by the Jefferson County Commission to its retirement system. The district court dismissed the employees' claims, finding that (1) the claims constituted a de facto appeal from a previous state court judgment which rejected similar arguments and that, therefore, under the Rook... More...

$0 (03-31-2009 - AL)

Melvin Davis, et al. v. Coca-Cola Bottling Co. Consolidated

The plaintiffs in this employment discrimination case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981, are seven employees and two former employees of Coca-Cola Bottling Co. Consolidated ("CCBCC"). In their complaint, they allege that CCBCC is maintaining a "pattern or practice" of discrimination against them and all other similarly s... More...

$0 (02-06-2008 - AL)

Vicki V. Busby, etc. v. JRHBW Realty, Inc., d/b/a Realty South

This matter is before this Court on Plaintiff Vicki V. Busby's ("Busby") appeal of the district court's denial of class certification to a class of plaintiffs seeking damages arising out of Defendant JRHBW Realty, Inc.'s, d/b/a RealtySouth ("RealtySouth"), alleged violation of Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. §§ 2601, et seq. We accepted ju... More...

$0 (01-20-2008 - AL)

Dorothy Shuford v. Fidelity National Property & Casualty Insurance Company

The two main questions in this appeal involve the timeliness of a proof of loss for an insurance policy issued under the National Flood Insurance Program and whether a related tort claim of bad faith refusal to pay is preempted by federal law. Dorothy Shuford appeals the summary judgment against her complaint regarding the denial of her claim for benefits under a Standard Flood Insurance Po... More...

$0 (12-21-2007 - AL)

<a href="http://www.law.emory.edu/11circuit/jan2003/02-13230.opn.html" target="_new">Gloria Watts v. Bellsouth Telecommunications, Inc.</a>

We have held a number of times that a claimant's failure to exhaust the administrative remedies that an ERISA plan provides for challenging the denial of a benefits claim ordinarily bars her from pursuing that claim in court. E.g., Counts v. Am. Gen. Life & Accident Ins. Co., 111 F.3d 105, 108 (11th Cir. 1997). We have never decided the issue presented in this case, however, which is whether that ... More...

$0 (01-07-2003 - AL)

<a href="http://www.law.emory.edu/11circuit/may2002/01-13865.opn.html" target="_new">Walter Burnes, et al. v. Pemco Aeroplex, Inc., et al.</a>

This appeal, involving an issue of first impression in this Circuit, concerns the applicability of the doctrine of judicial estoppel in this employment discrimination case. The district court decided that judicial estoppel barred Plaintiff Billups' employment discrimination claims against Defendants Pemco Aeroplex, Inc. and Precision Standard, Inc. (together referred to as "Pemco") because of his ... More...

$0 (05-21-2002 - AL)

Robert E. Rone and Mariella C. Rone v. Hillcrest Center, Inc., et al.

Breach of contract - The Rones sued, alleging that Seibert, by intentional or reckless misrepresentations, fraudulently induced the rose to lease space in a commercial building owned by Hillcrest Center III, Ltd. The Ronse sought money damages and recission of the lease contract. The defendants denied the allegations of the complaint and asserted the affirmative defense of estoppel.... More...

$247000 (08-01-1997 - AL)