Supreme Court of Alabama, 2003

Cook's Pest Control, Inc. v. Hastings

Cook's Pest Control, Inc. v. Hastings
Supreme Court of Alabama · Decided December 12, 2003 · Houston, Johnstone
883 So. 2d 1207; 2003 Ala. LEXIS 368; 2003 WL 22929134 (Southern Reporter, Second Series)

Cook's Pest Control, Inc. v. Hastings

Opinion of the Court

The Marshall Circuit Court denied the motion to compel arbitration filed by Cook's Pest Control, Inc. ("Cook's"), finding that the transaction did not involve interstate commerce; the court's ruling was based on our now abrogated decision inSisters of the Visitation v. Cochran Plastering Co.,775 So.2d 759 (Ala. 2000). We reverse the order denying the motion and remand the cause for consideration in light of Service Corp.International v. Fulmer, 883 So.2d 621 (Ala. 2003), and Bowenv. Security Pest Control, Inc., 879 So.2d 1139 (Ala. 2003).

REVERSED AND REMANDED.

BROWN and WOODALL, JJ., concur.

LYONS and JOHNSTONE, JJ., concur in the result.

Concurring Opinion

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 reversedSisters 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 PestControl, 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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