Fill and Sign the Ex Parte Frontier Corp 1998 Supreme Court of Alabama Form

IN THE SUPREME COURT OF ALABAMA Ex parte ________________; * * * Petitioners,* ** RE:_______________________ CASE NUMBER: ___________, * *_______ Plaintiffs, * * Vs. * * ____________________ * _________________; et. al., *Defendants. * __________________________________ REPLY BRIEF ORAL ARGUMENT REQUESTED ________________ _______________ & ASSOCIATES, P.C. Post Office Drawer ____Mobile, Alabama _____ (334) ________ ATTORNEYS FOR PETITIONERS TABLE OF CONTENTS1 1 Petitioners adopt and reassert all portions in their original Petition and Brief in addition to those set out herein.TABLE OF CASES AND OTHER AUTHORITIES......................................................2REPLY ARGUMENT....................................................................................................3CONCLUSION..............................................................................................................5 TABLE OF CASES CASES:Southern United Fire Insurance Co. v. Knight , 736 So.2d. 582 (Ala. 1999).................3, 4 REPLY ARGUMENT The present case involves only intrastate commerce, and as such does not fulfill one of the requirements for application of the FAA in contradiction of Alabama’s clear public policy against the enforcement of pre-dispute arbitration clauses. The issue presented in this case only involves the question of whether the purchase of the automobile insurance policy by the ____________ affected interstate commerce. The issue is answered in the documents and exhibits presented in this matter with the ____________’ Petition and attached Brief, and specifically in reading this Court’s decision in Southern United Fire Insurance Co. v. Knight, 736 So.2d. 582 (Ala. 1999). Southern United in the ____________’ present case argues in Brief that the ____________ are analyzing the “interstate vs. intrastate” issue under the old “contemplation of the parties” test. However, the Knight case cited above, and as cited in the ____________ original Petition and Brief, is a post-Allied-Bruce Terminix case, and held that the transaction in that case involving a local seller of a vehicle, other local factors, and Southern United, which is an Alabama insurance company, (almost identical facts to the present case) did not involve interstate commerce, and Alabama’s statute and public policy against arbitration controlled. Additionally, Southern United in Brief states that the ____________ themselves assert that part of the claims against Southern United involve the failure of Southern United to provide a defense of the ____________ and provide ultimate payment to third parties. Southern United incorrectly assumes that the ____________ were referring to the finance company for their vehicle. The ____________ were referring to Southern United being obligated in part to pay for medical expenses and property damage sustained by the driver and/or passengers in the other vehicle involved in the March 5 accident with . Indeed, after the accident happened and the ____________ were informed that Southern United had supposedly canceled their automobile coverage and would not pay claims as to the forgoing accident, the ____________ sold the vehicle (Ford Thunderbird), and the lien-holder in Texas was “paid off”. Consequently, the action brought by the ____________ in Baldwin County against Southern United would not and does not involve the prior lien-holder of the vehicle insured and involved in the accident. CONCLUSION The foregoing argument and legal authority as well as the ____________’ original Petition and Brief filed in this matter, clearly reflect that _______________ and ___________ Motion to Stay and Compel Arbitration should have been denied. The transaction in this case, the purchase of automobile insurance by the ____________ from ____________ and ______________ do not involve interstate commerce. The FAA is inapplicable to the present arbitration clause. Alabama law applies to render the arbitration clause unenforceable and void. Respectfully submitted, By:_________________________________ AttorneyJOHN DOE & ASSOCIATES, P.C.Attorneys for Petitioners_______________________________Post Office Drawer ____Mobile, Alabama _____(334) ________ CERTIFICATE OF SERVICE Counsel for ________ and ___________ does hereby certify that ____has served a copy of the foregoing document upon the following, by placing same in the U.S. Mail, postage prepaid and properly addressed, this 7th day of February, 2000. The Honorable ______________________ (VIA U. S. MAIL, POSTAGE PREPAID)Circuit Court JudgeBaldwin County CourthousePost Office Box 358Bay Minette, Alabama 36507 __________________, Esquire(VIA U. S. MAIL, POSTAGE PREPAID)_____________________., Esquire__________________________________, L.L.C.Post Office Box __Mobile, Alabama _____ _________________________________Attorney for Petitioners