Case law

Equal Employment Opportunity Commission v. Walmart, Inc. and Walmart Stores Arkansas, LLC

District Court, W.D. Arkansas · Sep 9, 2026

Servs., Inc., 691 F.3d 925, 930 (8th Cir. 2012) (“To establish a prima facie case of discrimination under the ADA, an employee must show that she (1) is disabled within the meaning of the ADA, (2) is a qualified individual … of the job must put forth evidence establishing those functions.”

Gray v. McClure

District Court, W.D. Arkansas · Feb 14, 2018

The MCDC has an established grievance procedure for inmates to utilize when they believe their constitutional rights have been violated. (ECF No. 28-1, pgs. 16-17). … immunity.

Waller v. Means

District Court, W.D. Arkansas · Feb 27, 2018

immunity may be raised as a defense. … Furthermore, there are clearly legitimate non-punitive reasons for placing individuals with serious health problems in a separate housing unit from other inmates. See e.g., Brown-El v.

Lewis v. Hixson

174 F. Supp. 241 · District Court, W.D. Arkansas · Jun 11, 1959

It clearly had one purpose — to render the contract valid in states having the freedom-to-work clause. 2. … However, the proof upon which the defendants rely establishes only that the welfare benefits derived from the trust fund would not be available to miners employed by a coal operator who is not a signatory to the contract.

Porter v. Easley

District Court, W.D. Arkansas · Jul 18, 2023

A “clearly erroneous” standard of review applies to the portions of a magistrate judge’s report and recommendation to which no objections have been made. See Grinder v. … To establish a municipal defendant’s liability under Section 1983, a “plaintiff must show that a constitutional violation was committed pursuant to an official custom, policy, or practice of the governmental entity.”

Gray v. University of Arkansas

658 F. Supp. 709 · District Court, W.D. Arkansas · Apr 20, 1987

Thus, the law clearly is that it is not sufficient in this case for Adella Gray to show that the reasons given by the University for her termination were “not good ones.” … It is not a violation of the plan to contact persons that the hiring entity believes are especially qualified for the job, and ask that that individual apply.

Davis v. McJunkins

District Court, W.D. Arkansas · Apr 21, 2020

The United States Supreme Court has established several limited abstention doctrines to preserve such principles. Beavers v. Ark. State Bd. of Dental Exam’rs, 151 F.3d 838, 840-41 (8th Cir. 1998). … These claims involve an ongoing state judicial criminal proceeding against her, the state of Arkansas clearly has an important interest in enforcing its criminal laws, and Plaintiff has given no indication that she cannot

Champions Golf Club, Inc. v. Sunrise Land Corp.

846 F. Supp. 742 · District Court, W.D. Arkansas · Feb 11, 1994

A time schedule was established for the filing of any such motions and briefs. … - is clearly “yes.”

Clinard v. Washington Regional Medical Center

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

It is undisputed that Clinard is a member of a protected class and is qualified for her job. However, Clinard has suffered no adverse employment action. … Soliman and others at WRMC to deprive Clinard of equal protection and privileges and immunities secured by the 14th Amendment. (Doc. 2, p. 32, ¶ 61). Because Dr.

Smith v. Gamble

District Court, W.D. Arkansas · Dec 30, 2024

Fourth, Defendants state they are entitled to qualified immunity. (Id. at 24-27). Fifth, Polk County had no policy which violated Plaintiff’s constitutional rights. (Id. at 27-30). … Thus, Defendants assert they are entitled to qualified immunity on this claim. (Id.).

Gilmer v. Buena Vista Home Video, Inc.

939 F. Supp. 665 · District Court, W.D. Arkansas · Aug 19, 1996

This type of speech plaintiff contends is clearly commercial in nature and not protected as it is inherently misleading. Central Hudson Gas & Electric Corp. v. … In the cases cited by and relied on by the plaintiffs there is far more evidence of the intentional establishment of a stream of commerce than is present in the case at hand.

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Dec 12, 2022

“[T]he burden of establishing the propriety of an injunction is on the movant.” Watkins, Inc. v. … At this stage, Plaintiff has not yet established a cognizable cause of action.

Arkansas Bank and Trust Company v. United States

224 F. Supp. 171 · District Court, W.D. Arkansas · Dec 5, 1963

The property was in a submarginal area outside the established trade avenues of the City of Hot Springs. … Under the facts which existed at that time, as found by the court, it was clearly the intention of the taxpayer and the landowners to do exactly as provided in the lease.

Smith v. Nationwide Mutual Insurance and Investment

District Court, W.D. Arkansas · Mar 15, 2019

Clearly, the debt at issue was not a debt incurred by a consumer for primarily personal, family, or household purposes. … Clearly, Smith’s claims under the FDCPA are time-barred. 2.

Blake v. Moore

District Court, W.D. Arkansas · Aug 7, 2018

immunity; and (7) there is no basis for official capacity liability. … immunity.

Murguia v. Childers

District Court, W.D. Arkansas · Jan 25, 2022

Murguia dismissed that claim on the record, agreeing with the Court that sovereign immunity bars a claim in federal court for injunctive relief against a state official on the basis of state law. … June 24, 2015) (“Disqualification ... is a drastic measure that should only be imposed when it is clearly required by the circumstances.” (quoting Wal-Mart Stores, Inc. v.

Villatoro v. Social Security Administration Commissioner

District Court, W.D. Arkansas · Aug 27, 2025

She had no qualifying past relevant work (“PRW”) experience. (Id. at 40). … Hanberry for review because his opinion fails to clearly state the evidence upon which it relies.

Yashtinsky v. WalMart, Inc.

District Court, W.D. Arkansas · Nov 12, 2019

Yashtinsky pleaded facts that plausibly establish that he suffered a particularized and concrete injury-in-fact which is adequate to establish Article III standing. B. … Since this decision, a circuit split has arisen on the question of what type of equipment qualifies as an ATDS under the TCPA.

Chandler v. Wolcott

District Court, W.D. Arkansas · Feb 11, 2019

General responsibility for supervising a detention center is insufficient to establish personal involvement. Reynolds v. Dormire, 636 F.3d 976, 981 (8th Cir. 2011). … Thus, Plaintiff has clearly exercised his constitutional right to access the courts.

Scharnhorst v. Cantrell

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

Federal courts may issue an order for a temporary restraining order (TRO) without first hearing from all parties only if “specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable … Arkansas Dept. of Human Services, 364 F.3d 925, 933 (8th Cir. 2004) (reversing injunction as it applied to a non-party concluding that non-party’s mere “supervisory” role did not qualify as active participation within the