Case law
Opinions from 1658 to today.
868 results
0.41s
District Court, E.D. Arkansas · Apr 11, 2023
Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), the Court established a two-step framework for evaluating a challenge to a federal agency’s statutory interpretation of federal legislation. … The statute clearly grants the BOP authority to determine who is minimum or low-risk and assign the appropriate credit- earning multiplier.
Cited 0 timesUnknownDistrict Court, E.D. Arkansas · Feb 28, 2022
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). … To establish municipal liability, Mr.
Cited 0 timesUnknownDistrict Court, E.D. Arkansas · Sep 24, 2024
Moreover, statutes enacted after the OPEN FOIA Act of 2009 must specifically cite to this paragraph of the FOIA exemptions to qualify under exemption 3. 5 U.S.C. § 552(b)(3). … FOIA Exemptions 6 And 7(C)1 Under the FOIA, “personnel and medical files and similar files” are exempt from disclosure when such disclosure would “constitute a clearly unwarranted invasion of personal
Cited 0 timesUnknown653 F. Supp. 1114 · District Court, E.D. Arkansas · Aug 28, 1986
The rule clearly applies to the issue before us. In People v. … Clearly then the instant case is governed by Collins and petitioner’s death penalty is invalid.
Cited 13 timesPublishedLittle Rock Sch. Dist. v. PULASKI CTY. SPEC. SCH.
237 F. Supp. 2d 988 · District Court, E.D. Arkansas · Oct 11, 2002
Clearly then, the evidence shows that the presently approved court educational plan, by itself, will not impact the achievement gap. … Rather, those two decisions, read together, clearly require the trial court to base such a determination on specific facts that: (1) establish a direct causal link between the achievement gap and the prior system of de jure
Cited 0 timesPublished567 F. Supp. 1548 · District Court, E.D. Arkansas · Aug 5, 1983
Surely, an objection would have been made to the seating of a juror which the petitioner thought was not qualified to serve. … Bishop clearly establishes the contrary. No error occurred. Mr.
Reversed on other grounds by Billy Junior Woodard v. Willis Sargent, Warden, Cummins Unit, Arkansas Department of Correction, 753 F.2d 694 (1985)Cited 7 timesPublishedHerron v. APAC of Tennessee Inc
District Court, E.D. Arkansas · May 31, 2019
Witness is not a qualified accident reconstructionist and has never been disclosed as an expert. … In the objected designation, the witness is discussing the PC] clearly evidences in the police scene photos.
Cited 0 timesUnknownNelson v. Wal-Mart Stores, Inc.
245 F.R.D. 358 · District Court, E.D. Arkansas · May 16, 2007
The same message can be communicated to potential applicants more subtly but just as clearly by an employer’s actual practices — by his consistent discriminatory treatment of actual applicants, by the manner in which he publicizes … Accordingly, I find class counsel qualified and competent to prosecute this class action.
Cited 5 timesPublishedRiley v. Vilonia School District
District Court, E.D. Arkansas · Mar 4, 2022
action; (3) was qualified for his job or that he was meeting the District’s reasonable expectations at the time of the adverse action; and (4) was replaced by someone substantially younger. … Summary judgment is denied on Riley’s individual capacity claims against Stephens and Newman because there is a dispute of fact concerning whether Riley’s rights were clearly violated. Harlow v.
Cited 0 timesUnknownDistrict Court, E.D. Arkansas · Feb 3, 2025
Reep’s malicious prosecution claim fails because he has not pled facts that, if taken as true, establish a lack of probable cause. … Reep is that the Complaint clearly indicates the decision to arrest and prosecute him was informed by evidence beyond Defendants’ belief that the shoes were similar.46 Without knowing more about the role the shoes played
Cited 0 timesUnknownDistrict Court, E.D. Arkansas · Jul 11, 2022
Ealy has made no showing that he has satisfied either of the essential elements required to qualify for equitable tolling.3 Accordingly, equitable tolling cannot be 3 Ealy also cannot rely on his pro se status, lack of … Such a use of habeas evidentiary hearings is clearly forbidden. Battle v.
Cited 0 timesUnknownLibertarian Party of Arkansas v. Thurston
District Court, E.D. Arkansas · Sep 30, 2022
electors of the State or which contain 10,000 signatures of qualified electors, whichever is the lesser (Dkt. … Pakko found 16 Case 4:19-cv-00214-KGB Document 82 Filed 09/30/22 Page 17 of 83 them clearly to be aware of the situation.
Cited 0 timesUnknownUnited States v. Vertac Chemical Corp.
364 F. Supp. 2d 941 · District Court, E.D. Arkansas · Mar 30, 2005
The Eighth Circuit merely remanded the case for the Court to 'determine, based on the record, whether Hercules had established a basis for establishing divisibility of harm. … This is sufficient to establish Hercules’ liability under CERC-LA for response costs.
Cited 3 timesPublishedMa v. Nucor-Yamato Steel Company
District Court, E.D. Arkansas · Aug 29, 2022
“Although employment discrimination cases are ‘often fact intensive and dependent on nuance in the workplace, they are not immune from summary judgment.’” Trierweiler v. … Ma’s complaints to management clearly establish the first prong of her retaliation claim. Nucor argues that Ms.
Cited 0 timesUnknownBozeman v. Arkansas Foundation for Medical Care
District Court, E.D. Arkansas · Jun 29, 2020
Bozeman responds that she was more qualified than Ms. Bourn. … If the comparison reveals that the plaintiff was only similarly qualified or not as qualified as the selected candidate, then no inference of age discrimination would arise.
Cited 0 timesUnknownKnight v. Progressive Northwestern Insurance Company
District Court, E.D. Arkansas · Dec 9, 2024
This objective claims data evidence also establishes that the class is ascertainable. Sandusky Wellness Ctr. v. … He has submitted evidence that he qualifies as a member of the class and that he has suffered the same injury for which he seeks recovery on behalf of the class. The declaration of Hank Bates (Doc.
Cited 0 timesUnknownPearson v. Group Long Term Disability Plan for Employees of Tyco International (US), Inc.
538 F. Supp. 2d 1073 · District Court, E.D. Arkansas · Mar 3, 2008
The plan is an employee welfare benefits plan established pursuant to ERISA. … Taking these arguments in reverse order, Hartford is clearly mistaken in its assertion that no physician opined that Pearson’s mental faculties were in any way deficient or impaired.
Cited 0 timesPublished907 F. Supp. 1264 · District Court, E.D. Arkansas · Oct 30, 1995
Title VII Plaintiffs have the burden of establishing a prima facie case of discrimination. … In this instance, plaintiffs must show that they are members of a protected class, they were qualified for the position at issue, they were not hired for (or fired from) the position, and after the rejection, the position
Cited 0 timesPublishedDistrict Court, E.D. Arkansas · Jun 11, 2025
Howell were involved in the process of reporting the alleged rape to the military and clearly made statements to military authorities during the reporting process. 40 Ex. … Quite the opposite, actually: The United States’ briefing and statements made during oral argument treat the sincerity of the reporting as an established fact.103 Mr.
Cited 0 timesUnknownDistrict Court, E.D. Arkansas · Aug 6, 2020
Von Holt had not established grounds for the writ. Von Holt, 2020 Ark. at 1. … Von Holt failed to establish grounds for the writ. Id. at 4. Accordingly, Mr.
Cited 0 timesUnknown
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