Case law

St. Louis-Southwestern Ry. Co. v. Farrell

114 F. Supp. 486 · District Court, E.D. Arkansas · Aug 22, 1953

The plaintiff herein is a Missouri corporation, qualified to do business and doing business in Arkansas; it is a common carrier by rail both in interstate and intrastate commerce. … The defendants have failed, however, to establish that the incidence of demurrage was due solely to the fault of the Corps of Engineers.

Gibbs v. Social Security Administration

District Court, E.D. Arkansas · Jun 17, 2022

To qualify for benefits, Ms. Gibbs must establish that she was under a disability on or before that date. See 42 U.S.C. § 423; 20 C.F.R. § 404.131. Therefore, the Court will only consider Ms. … Even if the evidence did establish a qualifying fibromyalgia diagnosis prior to the last date insured, “every fibromyalgia diagnosis does not entitle a claimant to benefits.” Grindley v.

Clem v. Staley

District Court, E.D. Arkansas · Oct 13, 2021

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 standing, “plaintiff must allege personal injury fairly traceable to the defendant’s alleged unlawful conduct.” Allen v. Wright, 468 U.S. 737, 751 (1984).

Funderburg v. Pine Bluff, City of

District Court, E.D. Arkansas · Sep 30, 2019

To establish discrimination on the basis of a disability, an employee must show that he: (1) is disabled within the meaning of the ADA, (2) is a qualified individual under the ADA, and (3) has suffered an adverse employment … To establish a prima facie case of retaliation, Mr.

In Re Independent Counsel Starr

986 F. Supp. 1144 · District Court, E.D. Arkansas · Aug 1, 1997

Starr was intimately involved in the project to establish a school of public policy at Pepperdine. … In fact, it is hard to escape the conclusion that our recusal may well confer defacto immunity on the Independent Counsel, with respect to ethical violation complaints.

Hamner v. Payne

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

ordinance, regulation, custom, or usage of this state or any of its political subdivisions subjects, or causes to be subjected, any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Suffice it to say, while Arkansas Code Annotated § 16- 123-105(a) clearly provides for a civil rights cause of action, this statute does not create a liberty interest in, implicate, or even discuss, the short-term parole

Hampton v. Wells Fargo Bank NA

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

If Plaintiff is claiming that at some point after 2010 the debt should have been paid off, and any payments after that constitute unjust enrichment, that is not clearly stated under Count Two. … However, considering that this is a motion to dismiss, Plaintiff may amend his complaint to outline the claims more clearly.

Perry v. Norris

879 F. Supp. 1503 · District Court, E.D. Arkansas · Mar 3, 1995

When used in the context of a federal judicial proceeding, the term “evidence” applies only to proffers that qualify for admission under the Federal Rules of Evidence. … Cindy Sue Brown to the FBI and other law enforcement officials, clearly implicate Mr. Perry in the Georgia murders of Mrs.

Gibbs v. Lane

District Court, E.D. Arkansas · Sep 9, 2021

the complaint, if it: (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief against a defendant who is immune from such relief.7 Although a complaint … Gibbs is clearly saying that the Defendants’ actions led to Mr.

Hulsey v. Sargent

868 F. Supp. 1090 · District Court, E.D. Arkansas · Apr 15, 1993

In 1981 this Court declined to find that petitioner had raised his death-qualified jury issue under Grigsby v. … The Court’s response, although confusing, clearly seeks to impress upon the jurors the need for affirmative and unanimous findings: Mr.

Barron v. Tate

District Court, E.D. Arkansas · Jul 20, 2020

These payments should be clearly identified by the name and number assigned to this action. II. … To establish municipal liability, a plaintiff must prove that a policy, practice, or custom attributable to the municipality caused the constitutional injury. See Veatch, 627 F.3d at 1257.

United States v. Robinson

221 F. Supp. 3d 1088 · District Court, E.D. Arkansas · Oct 20, 2016

Grisel interpreted Tay *1092 lor to establish a brightline rule that the inclusion of structures such as vehicles in a burglary statute makes that statute broader than generic burglary. … Nance held that Tennessee aggravated burglary “clearly comports” with the definition of generic burglary. 481 F.3d at 888 ; see also United States v.

Christian Ministerial Alliance v. Arkansas, State of

District Court, E.D. Arkansas · Jul 25, 2023

Cooper is qualified to serve as an expert witness in redistricting and demographics. Since 1986, Mr. … Gingles II requires plaintiffs to establish that minority is politically cohesively; this 7 While the Court did clearly state the distinction, it also acknowledged that “line between racial predominance and racial consciousness

Cave v. Thurston

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

Secretary Thurston later makes this statement in his filing: “Further, even if the State of Arkansas were a defendant in this action, then because sovereign immunity is immunity to suit, that doctrine would absolutely … TSTI objects based on relevance and on the qualified associational privilege.

Skaggs v. Howell

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

As established earlier, Mr. Howell was a civilian employee of the Air Force at the time he made the rape report. See supra note 35. And contrary to what Mr. … The term “armed forces” clearly encompasses both civilian and military personnel of, for example, the Air Force.

Little Rock School District v. Pulaski County Special School District No. 1

660 F. Supp. 637 · District Court, E.D. Arkansas · May 13, 1987

This argument is clearly makeweight to buttress the unfortunate agreement between LRSD and CTA. … The Court expects LRSD to employ the most qualified applicants without regard to the so-called balance criteria of the Reassignment Policy- D.

Aaron v. Cooper

163 F. Supp. 13 · District Court, E.D. Arkansas · Jun 23, 1958

Court be realistically reconsidered in the light of existing conditions and that in the interest of all pupils the beginning date of integration be postponed until such time as the concept of 'all deliberate speed’ can be clearly … Salten are doubtless well qualified to express opinions as to how school matters should be handled in areas of the country with which they are familiar and in which they have had experience, neither of those gentlemen has

Bland-McCullough v. Tapley

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

Defendants also make a qualified-immunity argument and a custom- policy-practice argument with regard to some of Ms. Bland-McCullough’s federal-law claims. Id. at 20–23. … There is no evidence here that “clearly points to the presence of an illegal motive.”101 What Ms.

Tigue v. Belcher

District Court, E.D. Arkansas · Apr 28, 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. … And to establish standing, “plaintiff must allege personal injury fairly traceable to the defendant’s alleged unlawful conduct.” Allen v. Wright, 468 U.S. 737, 751 (1984).

Washam v. BNSF Railway Company

District Court, E.D. Arkansas · Oct 2, 2020

The rule clearly is one of admissibility rather than exclusion.” Lauzon v. Senco Prods., Inc., 270 F.3d 681, 686 (8th Cir. 2001) (internal quotations and citations omitted). … Broker is qualified to opine on Mr.