Ex parte FEDERAL EXPRESS CORPORATION.
(In re The GREENE COUNTY NEWSPAPER COMPANY, INC., et al. v. FEDERAL EXPRESS CORPORATION).
Supreme Court of Alabama.https://leagle.com/images/logo.png
May 29, 1998.
May 29, 1998.
Attorney(s) appearing for the Case
John H. Morrow and Matthew H. Lembke of Bradley, Arant, Rose & White, L.L.P., Birmingham; and Robert H. Turner, Marion, for petitioner.
J.L. Chestnut, Jr., of Chestnut, Sanders, Sanders & Pettaway, P.C., Selma; Joseph W. Phebus of Phebus & Winkelmann, Urbana, IL; Hugh V. Plunkett III and Robert K. Shelquist of Plunkett, Schwartz, Peterson, P.A., Minneapolis, MN, for respondents.
Judge Eddie Hardaway, Jr., respondent, pro se.
Evan M. Tager and Adam C. Sloane of Mayer, Brown & Platt, Washington, DC; and Phillip E. Stano, American Council of Life Ins., Washington, DC, for amicus curiae American Council of Life Ins., in support of the petitioner.
Warren B. Lightfoot, Samuel H. Franklin, and Stephen J. Rowe of Lightfoot, Franklin & White, L.L.C., Birmingham; and Hugh F. Young, Jr., Product Liability Advisory Council, Inc., Reston, VA, for amici curiae Product Liability Advisory Council and Chemical Mfrs. Ass'n, in support of the petitioner.
H. Hampton Boles, Alan T. Rogers, and Gregory C. Cook of Balch & Bingham, L.L.P., Birmingham, for amici curiae Alabama Bankers Ass'n and Business Council of Alabama, in support of the petitioner.
Robert Digges, Jr., ATA Litigation Center, Alexandria, VA; and Robin G. Laurie of Balch & Bingham, Montgomery, for amici curiae Alabama Trucking Ass'n, Inc.; American Trucking Ass'ns, Inc.; and Cargo Airline Ass'n, in support of the petitioner.
Matthew C. McDonald of Miller, Hamilton, Snider & Odom, Mobile, for amicus curiae Alabama Civil Justice Reform Committee.
C. Lee Reeves of Sirote & Permutt, Birmingham; Douglas E. Winter of Bryan Cave, L.L.P., Washington, DC; and Charles A. Newman of Bryan Cave, L.L.P., St. Louis, MO, for amici curiae American Auto. Mfrs. Ass'n, Inc.; and Association of Int'l Auto. Mfrs., Inc., in support of the petitioner.
Robert H. Shulman, Helen K. Michael, and Elizabeth B. McCallum of Howrey & Simon, Washington, DC, for amici curiae Chamber of Commerce of U.S.; National Ass'n of Mfrs.; International Ass'n of Defense Counsel; Lawyers for Civil Justice; Amoco Oil Co.; Champion Int'l Corp.; Chevron U.S.A., Inc.; Exxon Corp.; Georgia-Pacific Corp.; International Paper Co.; Masonite Corp.; Solutia, Inc.; Star Enterprise; and Witco Corp., in support of the petitioner.
Supreme Court of Alabama.
LYONS, Justice.
Federal Express Corporation, the defendant in an action pending in the Greene Circuit Court, has petitioned this Court for a writ of mandamus directing Judge Eddie Hardaway to grant its motion to vacate his order of August 16, 1996, conditionally certifying the plaintiffs' action as a class action. Judge Hardaway conditionally certified the action as a class action on the same day the complaint was filed,...
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