Case law

Wesson v. Crain

72 F. Supp. 704 · District Court, E.D. Arkansas · Jun 27, 1947

Wilson had organized a corporation under the name of Lee Wilson & Company, of which he owned all the stock, except qualifying shares. … Northern Securities Co., 184 U.S. 199 , 22 S.Ct. 308, 322 , 46 L.Ed. 499 , sets forth very clearly the principle governing courts of equity on the question of indispensable parties.

Hill v. Payne

District Court, E.D. Arkansas · Mar 3, 2025

Hill reiterates his own unsupported interpretation that a bedroom does not qualify as an occupiable structure (Dkt. No. 11, at 3-4). Mr. … The Arkansas Supreme Court’s analysis is not contrary to, nor an unreasonable application of, clearly established federal law.

Jeffers v. Clinton

740 F. Supp. 585 · District Court, E.D. Arkansas · May 16, 1990

The primary only occurs if more than two candidates qualify for the office. … First plaintiffs must establish a prima facie case of purposeful vote dilution under the *612 principles established in White v.

Ringer v. Virgin Timber Co.

213 F. 1001 · District Court, E.D. Arkansas · Apr 8, 1914

We were not qualified to do it.” … In that case it was held that to establish a deed, absolute in form, as a mortgage, the proof must be clear and .convincing.

Herron v. APAC of Tennessee Inc

District Court, E.D. Arkansas · May 14, 2019

The witness has not been established or qualified as an expert. Plaintiffs listed him as a lay witness only. … The witness has not been established or qualified as an expert. Plaintiffs listed him as a lay witness only.

Simington v. Bell

District Court, E.D. Arkansas · Nov 3, 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). II. … Plaintiff can establish liability against Randolph County by showing that a constitutional violation was the result of an official municipal policy, deliberately indifferent failure to train or supervise, or unofficial

Breese v. Bell

District Court, E.D. Arkansas · Oct 30, 2023

from a defendant who is immune from such relief. 28 U.S.C. ' 1915A(b). See also 28 U.S.C. § 1915(e) (screening requirements). … 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.

Breese v. Pfeffer

District Court, E.D. Arkansas · Oct 23, 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). II. … Plaintiff can establish liability against Randolph County by showing that a constitutional violation was the result of an official municipal policy, deliberately indifferent failure to train or supervise, or unofficial

Nooner v. Arkansas

District Court, E.D. Arkansas · Mar 19, 2020

complaint and dismiss the case, in whole or in part, if the Court determines that it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune … Nielsen, 731 F.3d 813, 818 (8th Cir. 2013), and the court of appeals “will reverse only for clearly erroneous factual determinations, an error of law, or an abuse of that discretion,” Med. Shoppe Int’l, Inc. v. S.B.S.

Ingram v. Arkansas Department of Corrections

District Court, E.D. Arkansas · Feb 3, 2023

At the pleading phase, a plaintiff need not plead facts establishing a prima facie case for a Title VII claim. Warmington, 998 F.3d at 796. … To establish a prima facie case of race and gender discrimination based on complaints of different treatment, Ms.

Ruiz v. Norris

868 F. Supp. 1471 · District Court, E.D. Arkansas · Aug 2, 1994

Morgan concerned “reverse Withers ” or “life-qualifying” voir dire. … In the instant case, counsel was allowed to “life-qualify” the jury.

Brown v. Laddner

District Court, E.D. Arkansas · Jan 27, 2025

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). … Rather, to establish municipal liability, Mr.

Wyrick

District Court, E.D. Arkansas · Jun 8, 2026

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. Corwin v.

Backus v. Baptist Medical Center

510 F. Supp. 1191 · District Court, E.D. Arkansas · Apr 15, 1981

These laws recognize that there are jobs for which one sex is inherently and biologically more qualified than those of the opposite sex. … The court stated: “When the plaintiff has proved a prima facie case of discrimination, the defendant bears only the burden of explaining clearly the nondiscriminatory reasons for its action.”

Bedwell v. Cossey

District Court, E.D. Arkansas · Dec 21, 2020

The Dowd Estate had to establish Dr. … Whether a new trial was justified because the jury’s verdict was clearly against the preponderance of the evidence is a closer call. ARK. R. Civ. P. 59(a)(6).

Phelps v. Knoedl

District Court, E.D. Arkansas · Jul 25, 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). II. … As such, Plaintiff cannot establish liability against Dallas County. C.

Barrett v. Payne

District Court, E.D. Arkansas · Oct 11, 2024

.3d 803, 805 (8th Cir. 2001) (“any invocation of equity to relieve the strict application of a statute of limitations must be guarded and infrequent, lest circumstances of individualized hardship supplant the rules of clearly … As a preliminary matter, according to the Eighth Circuit, lack of legal knowledge— even when the plaintiff is pro se—does not qualify as an “extraordinary circumstances.” Kreutzer v.

Jeffers v. Clinton

776 F. Supp. 465 · District Court, E.D. Arkansas · Oct 24, 1991

The guiding principle here is the availability of qualified and willing local counsel. … This is clearly appropriate. Further, we have found, distinguishing Smith, that this ease could not have been prosecuted without a partnership of local and non-local counsel.

Jeffers v. Beebe

895 F. Supp. 2d 920 · District Court, E.D. Arkansas · Sep 17, 2012

The evidence established, however, that those were statewide percentages. … Bartels, 248 F.3d 175 , 193 n. 12 (3d Cir.2001) ("We simply cannot conclude that the Court’s silence and reservation of these issues clearly forecloses Plaintiffs’ Fifteenth Amendment claim....”)).

United States v. CPS Chemical Co., Inc.

779 F. Supp. 437 · District Court, E.D. Arkansas · Nov 12, 1991

establishes that the discharge of pollutants is unlawful. … Unlike its predecessor program which permitted the discharge of certain amounts of pollutants under the conditions described above, this legislation would clearly establish that no one has the right to pollute — that pollution