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Lee & McInish, P.C.

Address: 238 W. Main St.(P.O.Box 1665, 36302), Dothan, AL 36301
Tel: (334) 792-4156
Fax: (334) 794-8342
Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Website: www.leeandmcinish.com



All attorneys regularly try civil jury and non-jury cases in Dothan (Houston County); Geneva (Geneva County); Ozark (Dale County); Enterprise (Coffee County); Elba (Coffee County); Andalusia (Covington County); Abbeville (Henry County; Eufaula (Barbour County).

Events

Annual Meeting of the Alabama Defense Lawyer's Association, Sandestin Beach Resort, June 17, 2010

Spring Meeting, National Association of Bankruptcy Trustees, April 7-10, Savannah, GA

Legislative News

The Alabama Legislature has convened the 2010 session. Of the almost 600 bills filed thus far, we've identified the following as noteworthy: 

HB20: proposes a revised Uniform Arbitration Act

HB21:would remove the cap on permanent partial disability

HB24: would increase the homestead exemption by 6%

HB32: proposes to allow grandparents to petition for visitation with grandchildren

HB35: bans text message and GPS use while operating a motor vehicle

HB45: would ban same-sex partner benefits from being offered by state colleges and universities

HB102: would make misappropriation of trade secrets a crime

HB103: grants limited immunity to property owners acting in self defense

About the only Senate bill relevant to our clients would be SB215, extending the statute of limitations for claims of toxic exposure. There will not doubt be other Senate bills of interest as the 2010 Session progresses. 

Recent Decisions

11th Circuit affirms judicial estoppel: in Robinson v. Tyson Foods, Inc., __ F.3d __ (11th Cir. 2010) failed to disclose in a Chapter 13 case her claim against Tyson. She had a confirmed Chapter 13 plan, paid out, and never amended her schedules. The District Court granted summary judgment for Tyson on judicial estoppel grounds, and the 11th Circuit affirmed. 

BMJA, LLC v. Murphy: the Alabama Supreme Court held that simply recording a judgment does not create a lien under Ala. Code 6-9-210, 211. The lien is created only upon the filing of a certificate of judgment. 

Firm News

Firm members become members of Asso. of Credit and Collection Professionals

Lee & McInish now has the ability to assist its clients with their title insurance needs in Florida through First American Title Insurance Company.