United States Eleventh Circuit

In case involving disagreement over application of the Alabama Motor Vehicle Franchise Act to a retrospective mutual release agreement between a car dealer and a car manufacturer, the resolution case turns on the interpretation of unsettled Alabama law, so the following question is certified to the Alabama Supreme Court: Does the explicit prohibition of prospective releases under Alabama Code section 8-20-4(3)(m) clearly imply that retrospective releases lie beyond the purview of the Alabama Motor Vehicle Franchise Act?

Appellate Information

• Decided 05/17/2007
• Published 05/17/2007

Judges

• BARZILAY, Judge:, Before HULL and MARCUS, Circuit Judges, and BARZILAY, Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Thomas E. Baddley, Jr., M. Jay Rhodes, Jeffrey P. Mauro, Baddley & Mauro, L.L.C., Birmingham, AL, for Plaintiffs-Appellants., Robert Austin Huffaker, Jr., Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for Amicus Curiae.


• For Appellees:
  
• John Albert Smyth, III, Fournier J. Gale, III, Maynard, Cooper & Gale, P.C., Birmingham, AL, for Defendant-Appellee.