Case law

Reddish v. United States

188 F. Supp. 160 · District Court, W.D. Arkansas · Oct 19, 1960

The applicable section of the Interstate Commerce Act provides: “Subject to * * * [the provision against holding both a common carrier certificate and a contract carrier permit], a permit shall be issued to any qualified … The record clearly reveals’, that the shippers, particularly Steele-. Canning Company, are reasonably familiar with the services, including less-than-truckload rates, of the protestan!

Kinard v. Mutual Benefit Health & Accident Ass'n of Omaha, Neb.

108 F. Supp. 780 · District Court, W.D. Arkansas · Dec 9, 1952

It is also true that the airports at El Dorado and Forrest City were definitely established airports. … Thus, plaintiff clearly does not come within the exception provided in part H.

United States v. Jepsen

105 F. Supp. 2d 1031 · District Court, W.D. Arkansas · Jun 2, 2000

Clearly the letters do not indicate his intent to “give” Kris and Karen the property- The deed, mortgage, and promissory note were all executed the same day and clearly establish that the transfer of the property was by sale … Then we look to “federal law to determine whether the taxpayer’s state-delineated rights qualify as ‘property’ or ‘rights to property’ within the compass of the federal tax lien legislation.” Id.

Strickland v. Califano

447 F. Supp. 410 · District Court, W.D. Arkansas · Mar 22, 1978

“Another well-qualified, board certified orthopedist, Dr. McConkie in April, 1975, found: “ ‘In summary, Mr. … “The holding by the Hearing Examiner that ‘medically determinable’ means ‘supported by objective clinical or laboratory evidence’ is clearly erroneous. “In Ross v.

Davis v. Dorman

District Court, W.D. Arkansas · Apr 30, 2020

immunity. … immunity.

Holston v. The City of Hope, Arkansas

District Court, W.D. Arkansas · Jan 6, 2020

Prima Facie Case To establish a prima facie case of sex discrimination, Plaintiff must establish (1) she was a member of a protected class, (2) she was qualified for her job, … Hickey Chief United States District Judge 4 Because the Court has found no constitutional violation occurred, it does not address Defendants’ qualified immunity

Adkins v. University of Ozarks

262 F. Supp. 3d 791 · District Court, W.D. Arkansas · Jun 30, 2017

Under McDonnell Douglas, a plaintiff must first establish a prima facie case of discrimination by presenting evidence showing that: “1) she is a member of a protected group; 2) she was qualified for her position; 3) she suffered … With regard to the extent of the area that she was expected to maintain, the job description clearly states that she was to “maintain the softball field and surrounding area.” (Pl.’s Exs. 3, 4) (emphasis added).

United States v. Tyson's Poultry, Inc.

216 F. Supp. 53 · District Court, W.D. Arkansas · Apr 9, 1963

This broad claim of immunity no doubt is induced by petitioners’ First Amendment contentions. But beyond them it is rested also upon conceptions of the Fourth Amendment equally lacking in merit. … foreign commerce are not valid, for the cases cited above and the clear wording of Sec. 183 of Title 7 U.S.C., extends the authority of the Department of Agriculture to investigate where foreign commerce is concerned, and qualified

Arkansas-Louisiana Gas Co. v. City of Texarkana, Ark.

17 F. Supp. 447 · District Court, W.D. Arkansas · Oct 31, 1936

The judiciary is not permitted to interfere with the rates established by legislative authority unless it is made to appear clearly and beyond reasonable *456 doubt that they are unreasonable and that their enforcement would … Confiscation must be ‘clearly established,' ‘the power ought to be exercised only in the clearest cases.'

Thompson v. Ottman

District Court, W.D. Arkansas · Jun 1, 2021

Defendants have not taken a clearly inconsistent position and the Court will not judicially estop Defendants from asserting a statute of limitations defense. … The ACRA and ADPA also do not abrogate the state’s sovereign immunity. See ARK.

PETERSON PRODUCE COMPANY v. United States

205 F. Supp. 229 · District Court, W.D. Arkansas · May 23, 1962

of the Secretary or his delegate, does clearly reflect income. … the Commissioner as the court has heretofore set out, but the plaintiff contends that such authority does not prevent the institution of a different accounting method in its newly created broiler division, which division qualifies

Keaton v. McCook

210 F. Supp. 226 · District Court, W.D. Arkansas · Nov 6, 1962

Norma Ethelyn McCook, a citizen of Abilene, Taylor *227 County, Texas, is the duly appointed, qualified and acting Executrix of the Estate of Willie Dale McCook, deceased, having been duly appointed and qualified as such … Bird, 106 Ark. 177, 186 , 153 S.W. 104, 107 , the rule is clearly stated by this court in the following language: ‘The testimony viewed in the strongest light in favor of appellee, does not make it reasonably certain that

Davis v. Cox

District Court, W.D. Arkansas · Aug 7, 2025

Personal capacity claims “are those which allege personal liability for individual actions by officials in the course of their duties; these claims do not require proof of any policy and qualified immunity may be raised … This isolated event does not establish a custom.”); Yang v. City of Minneapolis, 607 F. Supp. 3d 880, 898 (D.

Garrison v. Deutsche Bank National Trust

District Court, W.D. Arkansas · Jun 25, 2018

The Court is to dismiss the case if 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 from such relief. fd. … Although both Plaintiffs qualify from a financial standpoint for IFP status, the face of the Amended Complaint fails to establish any plausible basis for federal subject- matter jurisdiction.

Bible v. Johnson

District Court, W.D. Arkansas · Feb 8, 2018

DISCUSSION Defendant Johnson has moved for summary judgment on the following grounds: 1) The force used against Plaintiff was reasonable; and 2) Defendant Johnson is entitled to qualified immunity. … In the absence of an actionable constitutional violation, there is no need for the Court to consider qualified immunity.

Adler Goldman Commission Co. v. Williams

211 F. 530 · District Court, W.D. Arkansas · Mar 9, 1914

The allegations in the bill bring this case clearly within these exceptions. … Such a conveyance is not, as has been sometimes supposed, ‘utterly void,’ but it is only so in a qualified sense.

Kadow v. AG Edwards and Sons, Inc.

721 F. Supp. 201 · District Court, W.D. Arkansas · Sep 13, 1989

The question then becomes whether the contractual arbitration provision, as qualified, constitutes an agreement to arbitrate claims arising under the federal securities laws. … If defendants did not intend to be bound by the contractual language, they could have clearly indicated this was merely a notice provision or specifically tracked the language of the SEC disclosure notice.

Harris v. Ball

District Court, W.D. Arkansas · Dec 19, 2022

He also argues that Plaintiff failed to state an Eighth Amendment claim, qualified immunity bars Plaintiff’s personal capacity claims, and sovereign immunity bars denied his grievances or otherwise refused to help him … It is also well-established by the United States Supreme Court that it is the prison’s requirements which control the boundaries of proper administrative exhaustion. Jones, 549 U.S. at 218.

Clements

District Court, W.D. Arkansas · Nov 20, 2025

must dismiss a complaint, or any portion of it, if it contains claims that: (1) are frivolous, malicious, or fail to state a claim upon which relief may be granted, or (2) seeks monetary relief from a defendant who is immune … Plaintiff’s Complaint is clearly based on sovereign citizen ideology and principles.

Higginbotham v. Felton

District Court, W.D. Arkansas · Nov 3, 2022

Clearly, 3 the Arkansas Freedom of Information Act, Ark. … “To establish a violation of substantive due process rights by an . . .