Opinion

Cook's Pest Control, Inc. v. Hastings

  • 883 So. 2d 1207
  • 2003 Ala. LEXIS 368
  • 2003 WL 22929134
Court
Supreme Court of Alabama
Filed
Dec 12, 2003
Status
Published
Author
Johnstone
On the bench
Houston, Johnstone
Cited by
1 cases
Authority
More cited than 15.1%

The opinion

I concur in the result. On remand the issue of whether the transaction "involved" interstate commerce should be analyzed by reference directly to Citizens Bank v. Alafabco, Inc. , 539 U.S. 52 , 123 S.Ct. 2037 , 156 L.Ed.2d 46 (2003), which reversed Sisters of the Visitation v. Cochran Plastering Co. , 775 So.2d 759 (Ala. 2000). In my opinion, Service Corp. International v. Fulmer , 883 So.2d 621 (Ala. 2003), and Bowen v. Security Pest Control, Inc. , 879 So.2d 1139 (Ala. 2003), gratuitously and invalidly expand Citizens Bank , which is already expansive enough, in identifying the characteristics of a transaction that will constitute such "involvement" of interstate commerce as will support the application of the Federal Arbitration Act. See my special writings in Fulmer and Bowen .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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