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Legal Opinion · Dissent

Macon County Greyhound Park, Inc. v. Hoffman

Supreme Court of Alabama

Decided December 23, 2016No. 1141273; 1141277; 1141278Published

1DissentShaw, Justice

I respectfully dissent. Our caselaw holds that the issue whether the contracts in these cases are void is an issue to be decided by an arbitrator.

The main opinion appears to hold that precedent should not be followed because those cases involved certain facts that needed to be determined by an arbitrator; in the instant case, however,' the Court holds that no determination by an arbitrator is required. As discussed below, the holding of the main opinion fails to follow controlling federal law that this Court has recognized.

In Barber v. Jefferson County Racing Ass’n, Inc., 960 So.2d 599 (Ala.…

2Cases cited9 opinions

  1. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  2. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  3. Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
  4. Barber v. Jefferson County Racing Ass'n, Inc.Supreme Court of Alabama · 2006
  5. Barber v. Cornerstone Community Outreach, Inc.Supreme Court of Alabama · 2009

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