# Cook's Pest Control, Inc. v. Hastings

> Supreme Court of Alabama · December 12, 2003 · 883 So. 2d 1207

URL: https://www.frixlaw.com/law-library/cases/9937083

## Case

- **Full name:** Cook's Pest Control, Inc. v. Fred Hastings and Brenda Hastings.
- **Court:** Supreme Court of Alabama
- **Decided:** December 12, 2003
- **Citations:** 883 So. 2d 1207; 2003 Ala. LEXIS 368; 2003 WL 22929134
- **Precedential status:** Published
- **Opinion:** Concurrence by Johnstone
- **Judges:** Houston, Johnstone
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9937083

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9937083. Public record. Not legal advice.