The Alabama Supreme Court issued its weekly release list on Friday, August 22, which included two opinions of interest to the Alabama business community:
- iWTNS, Inc. v. MotionMobs, LLC: in a 5-0 decision authored by Justice McCool, the Court held that a text-message exchange did not amount to a binding settlement—not because it was in the form of text messages, but because the message at issue did not fully accept an offer made in a prior message. The Court held that the message instead made a counteroffer with additional significant terms on which the parties never agreed.
- Glasscock III v. Glasscock: This 5-0 decision is noteworthy as the first published Alabama Supreme Court opinion from the recently appointed Justice Bill Lewis, who was nominated last week to the U.S. District Court for the Middle District of Alabama. The Court held that a deceased’s son, who was the payable-on-death beneficiary of his father’s bank account, was the proper party to sue his father’s spouse for misappropriation of funds. If there were defects in the son’s case, they went to his ability to satisfy the elements of his claims, not his standing to sue.
