Case law

Murray v. United Security Inc

District Court, E.D. Arkansas · Apr 2, 2024

The Court must also weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 32 (1992). II. … To establish municipal liability, a plaintiff must prove that an official municipal policy, deliberately indifferent failure to train or supervise, or unofficial custom caused the constitutional injury.

Clemons v. Helena-West Helena Police Department

District Court, E.D. Arkansas · Jan 17, 2023

The Court also must weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 32 (1992). … Further, to establish municipal liability, Mr.

Hill v. Social Security Administration

District Court, E.D. Arkansas · May 7, 2024

In October of 2018, Chi evaluated Hill and suspected lupus or auto-immune thyroid. … Burba examined the claimant in 2014, he did not qualify the present limitations on his treatment forms.

United States v. Jones

621 F. Supp. 383 · District Court, E.D. Arkansas · Nov 1, 1985

In return for his cooperation he would not be charged with other acts in the Western District of Arkansas and would be provided with use immunity. … Clearly the introduction of the intercepted phone calls previously referred to supports each of these charges.

Ross v. Smith

315 F. Supp. 1064 · District Court, E.D. Arkansas · Aug 19, 1970

Numerous cases are cited in this lengthy annotation on indemnity agreements and in all of the cases, the language of the indemnity agreement has been held to control and where it clearly included an agreement on the part … The Court cannot grant a judgment or issue an order that has the effect of relieving Smith from the judgment rendered against it on behalf of Ross and, therefore, must qualify its final order in this proceeding by granting

Feimster v. Westinghouse Air Brake Technologies Corporation

District Court, E.D. Arkansas · Feb 19, 2025

“Although employment discrimination cases are ‘often fact intensive and dependent on nuance in the workplace, they are not immune from summary judgment.’” Trierweiler v. … Feimster has not come forward with a valid comparator to establish pretext. The record before the Court establishes that Wabtec notified Mr.

Schenebeck v. Sterling Drug, Inc.

291 F. Supp. 368 · District Court, E.D. Arkansas · Oct 22, 1968

This products liability case, in which federal diversity jurisdiction is established, was tried to Court and jury during the week of September 9 of the current year. … The jury was clearly justified in finding that Mrs. Schenebeck used ordinary care, if not a high degree of care, to find out what was wrong with her.

State Farm Automobile Insurance Co. v. Long

259 F. Supp. 3d 938 · District Court, E.D. Arkansas · May 2, 2017

Clearly, these services are provided for the purpose of maintenance.” Id., 232 Ill.Dec. 399 , 698 N.E.2d at 241 . … Long qualifies as an “insured” under the Policy, “the policy clearly does not apply to [Mr.] Hick’s and [Ms.] Hudson ‘maintaining’ the subject vehicle.” (Dkt. No. 50, at 4). Mr.

Faulkner v. North Little Rock School District

District Court, E.D. Arkansas · Aug 14, 2020

First, Plaintiff must establish a prima facie case of discrimination, which in a failure-to-hire context requires Plaintiff to establish that (1) she is a member of a protected class; (2) she was qualified for the position … The belated addition of the French certification requirement was held to clearly target the one 7 LRSD v.

Batesville Truck Line, Inc. v. Langston Companies, Inc. (In Re Batesville Truck Line, Inc.)

174 B.R. 781 · District Court, E.D. Arkansas · Oct 19, 1994

See Id. at 83-85 , 102 S.Ct. at 2878 (“But when Congress creates a statutory right, it clearly has the discretion, in defining that right, to create presumptions, or assign burdens of proof, or prescribe remedies; it may … The nonmovant may not rely on the allegations or denials in its pleadings to establish a genuine issue of fact, but must come forward with an affirmative showing of evidence.

Richley v. Norris

860 F. Supp. 631 · District Court, E.D. Arkansas · Jul 27, 1994

Given these representations, the burden shifts to petitioner to establish that he did not abuse the writ. He meets this burden by showing cause and prejudice. … In this ease, the petitioners were clearly required to bear the burden of proving the “hypnosis error” was harmful. The appellate court held that they did not bear that burden.

McDaniel v. Department of Health and Human Services

District Court, E.D. Arkansas · Mar 22, 2021

“Although employment discrimination cases are ‘often fact intensive and dependent on nuance in the workplace, they are not immune from summary judgment.’” Trierweiler v. … Chen was at least as qualified as Ms. McDaniel (Dkt. Nos. 7-12; 7-13). See Chock, 113 F.3d at 864. Both Ms. McDaniel and Ms. Chen were GS-12 Biologists in DGMT (Id.). Ms.

Federal Land Bank of St. Louis v. McGinnis

711 F. Supp. 952 · District Court, E.D. Arkansas · Apr 25, 1989

FLB has authority to establish a deadline for submitting an application. 12 U.S.C. §§ 2202a(b)(l) and (2) provide that once a determination is made that a loan is “distressed,” notice of possible restructuring of the loan … must be given “not later than 45 days before any qualified lender begins foreclosure proceedings ...”.

Gilbert v. Pulaski County Regional Detention Facility

District Court, E.D. Arkansas · Nov 9, 2023

The Court must also weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 32 (1992). III. … As such, Plaintiff cannot establish liability against Pulaski County. C.

In Re Staffmark, Inc. Securities Litigation

123 F. Supp. 2d 1160 · District Court, E.D. Arkansas · Nov 22, 2000

As to the scienter requirement, the Eighth Circuit held that it could be established by proof of knowing or intentional practices to deceive, manipulate, or defraud. Alpern v. … The final of the three interpretations employed by the circuits most clearly *1165 tracts the plain language of the PSLRA.

In Re Prempro Products Liability Litigation

554 F. Supp. 2d 871 · District Court, E.D. Arkansas · Jul 8, 2008

In pre-trial motions, Wyeth objected on various grounds, [51] and although a specific objection was not interposed during the punitive stage, I should have excluded this exhibit, which was clearly inadmissible via Dr. … Austin, Plaintiff did not establish that Dr. Parisian was' qualified to interpret it. [62] The evidence from this learned treatise is epidemiologically based and relates to causation; both are outside the scope of Dr.

United States v. Price

441 F. Supp. 814 · District Court, E.D. Arkansas · Dec 7, 1977

Clearly, none of these circumstances were present in this case. … It is likewise well established that an illegal entry vitiates a subsequent seizure, even if the evidence was in plain view after the entry. United States v.

Wagner v. Little Rock School District

373 F. Supp. 876 · District Court, E.D. Arkansas · Mar 11, 1974

Use a controlled voice and speak clearly to children. “2. Display interest and enthusiasm in dealing with pupils, in teaching subject matter, in relationships with other staff members and with parents. “3. … There is no doubt that school districts in this State have ample authority in determining the fitness of employees to continue in the classroom, and have a responsibility to the people of the State to insure that only qualified

Joshua Cummings v. Arkansas Department of Corrections, Cummins Unit; Gary Musselwhite, Warden, DHO, Cummins Unit; Robert Pierce, Deputy, Assistant Warden, Cummins Unit; Lewis Young, Warden of Operations, Treatment Coor., Cummins Unit; and Jimmy Coleman, Building Major/Chief of Security, Cummins Unit

District Court, E.D. Arkansas · Oct 20, 2025

complaint or a portion thereof if the prisoner has raised claims that: (a) are legally frivolous or malicious; (b) fail to state a claim upon which relief may be granted; or (c) seek monetary relief from a defendant who is immune … Wheeler, 144 F.4th 1111, 1115 (8th Cir. 2025) (“Our caselaw just doesn’t clearly establish that a supervisor who is aware of potential safety issues but fails to ameliorate them can be deemed to be deliberately indifferent

Scroggin v. Wyeth

554 F. Supp. 2d 871 · District Court, E.D. Arkansas · Jul 8, 2008

In pre-trial motions, Wyeth objected on various grounds, 51 and although a specific objection was not interposed during the punitive stage, I should have excluded this exhibit, which was clearly inadmissible via Dr. … Austin, Plaintiff did not establish that Dr. Parisian was qualified to interpret it. 62 The evidence from this learned treatise is epidemiologically based and relates to causation; both are outside the scope of Dr.