Case law

Morris v. Walker

District Court, W.D. Arkansas · Jun 22, 2022

Here, Plaintiff clearly engaged in protected activity when he filed grievances. … The Court will assume for purposes of this Report and Recommendation that Plaintiff is a qualified individual with a disability.

Shiheiber v. Street & Performance, Inc.

District Court, W.D. Arkansas · Feb 19, 2019

Specifically, Plaintiff argues that Defendant’s witness was not qualified to estimate the value of the prototype because the witness did not buy or sell prototypes and only dealt in finished products. … Defendant established that its witness had been in the radiator business for several years, and the witness then testified that the prototype radiator had no fair market value other than the value of the salvaged materials

London Luxury LLC v. Walmart Inc.

District Court, W.D. Arkansas · Mar 21, 2024

Second, the proposed witness must be qualified to assist the finder of fact. … Shih’s expertise in supply chains clearly qualifies him to testify as to the market-level context to this litigation—including testimony on the key 8 Case 5:22-cv-05059-TLB

Community Publishers, Inc. v. Donrey Corp.

892 F. Supp. 1146 · District Court, W.D. Arkansas · Jun 30, 1995

Moreover, the evidence established that the parties to this suit recognize the existence of a “must buy” phenomenon. … Thus, it is clear that Thomson is eminently more qualified to run the newspaper or to sell it again, if that is its choice, than any trustee who could be found.

Jones v. Dr. Nannette Vowell

District Court, W.D. Arkansas · Jan 17, 2020

Defendants’ motions clearly reference the general three-year statute of limitations for section 1983 claims in Arkansas. … immunity on those claims.

Dellinger v. Butler

District Court, W.D. Arkansas · Jan 23, 2023

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) seek monetary relief from a defendant who is immune … To state a claim, moreover, the plaintiff must establish that each defendant “personally violated plaintiff’s constitutional rights.” Jackson v.

Arkansas Oklahoma Gas Corporation v. BP Energy Company

District Court, W.D. Arkansas · May 26, 2022

Opinion work product “enjoys almost absolute immunity and can be discovered only in very rare and the attorney-client privilege is involved.” See Doc. 60, p. 4 n.2. … explains that he titled the document “CONFIDENTIAL Memo – FEB 2021 Extreme Weather Events,” and that when he sent a copy of the document to outside counsel “in early March, 2021,” he “made sure that the document was clearly

Wilichowski v. Boston Scientific Corporation

District Court, W.D. Arkansas · Mar 29, 2021

Mays and Gido had failed to control for error or bias and did not establish or adhere to testing protocols. See Tyree v. Bos. Sci. Corp., 54 F. Supp. 3d 501, 535–37 (S.D. W.Va. 2014). … Clearly, Dr. Rosenzweig believes BSC’s product is dangerous and poorly designed, so in a sense, BSC’s internal documents can be read to support his opinion in this regard.

Philadelphia Indemnity Insurance v. Carco Rentals, Inc.

923 F. Supp. 1143 · District Court, W.D. Arkansas · Apr 16, 1996

Neese, 254 Ga. 335 , 329 S.E.2d 136, 142 (1985) (compulsory insurance law does not establish public policy as to sums greater than those required by such law). … “[T]he scope of who qualify as ‘privies’ varies according to the circumstances of the particular case.

Fochtman v. DARP, Inc.

District Court, W.D. Arkansas · Sep 27, 2019

whether DARP and Hendren qualify as employers under the AMWA. … Id. at 18. 3 In view of the undisputed facts set forth above regarding DARP’s control over the class members’ labor, DARP is clearly an employer under the AMWA.

Cline v. Boston Scientific Corporation

District Court, W.D. Arkansas · Mar 29, 2021

Mays and Gido had failed to control for error or bias and did not establish or adhere to testing protocols. See Tyree v. Bos. Sci. Corp., 54 F. Supp. 3d 501, 535–37 (S.D. W.Va. 2014). … Clearly, Dr. Rosenzweig believes BSC’s product is dangerous and poorly designed, so in a sense, BSC’s internal documents can be read to support his opinion in this regard.

Arkansas Risk and Insurance Services, Inc. v. Washington County, Arkansas

District Court, W.D. Arkansas · Apr 21, 2023

Defendants’ Motion for Summary Judgment argues that (1) Nelson and Theresa lack standing because they were not parties to the Contract; (2) Wood and Lester are entitled to qualified immunity for all individual-capacity … See Doc. 19, p. 6 (“The result of any analysis would clearly indicate that the only Plaintiff with standing regarding the underlying CC is ARIS . . . .”).

Human Rights Defense Center v. Union County, Arkansas

District Court, W.D. Arkansas · Nov 4, 2022

immunity. … Publishers have an established First Amendment liberty interest in accessing and communicating with inmates through their publications. See Perry v. Sec’y, Fla.

Yeager v. Carrier

District Court, W.D. Arkansas · Oct 24, 2022

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 … Conrad, 749 F.App’x. 490, 491 (8th Cir. 2019) (affirming preservice dismissal and holding that “prison officials did not violate a clearly established constitutional right by allowing female guards to monitor Bell through

Sterling v. Centerpoint Energy Service Company LLC

District Court, W.D. Arkansas · Feb 24, 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. … Defendant contends that this incident is not remotely comparable to Plaintiff’s incident in type or seriousness and does not qualify under the standard for determining if an employee is similarly situated to create an

United States v. Bryant

293 F. Supp. 922 · District Court, W.D. Arkansas · Nov 27, 1968

A prima facie case was established when the defendant formally attested that he was conscientiously opposed to participation in war in any form, and persons knowing the defendant attested to his sincerity. … 733 ) in which the Supreme Court held that the test of conscientious objection is ‘a sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying

Flemons v. Devane

District Court, W.D. Arkansas · Jul 23, 2018

ANALYSIS Defendants argue summary judgment should be granted in their favor because: (1) Defendants are entitled to qualified immunity for Plaintiff’s individual capacity … Both the controlled movement and the short burst of pepper spray clearly tempered the severity of the force used. The type or amount of force used during this incident, therefore, is not repugnant to the conscience.

Buyalova v. Cantrell

District Court, W.D. Arkansas · Jul 24, 2025

Therefore, the fact that force is used during an arrest does not ipso facto establish a Fourth-Amendment violation. Crumley v. City of St. … These allegations fall far short of establishing any type of joint action or conspiracy with the law enforcement Defendants.

Dellinger v. Butler

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

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) seek monetary relief from a defendant who is immune … To state a claim, moreover, the plaintiff must establish that each defendant “personally violated plaintiff’s constitutional rights.” Jackson v.

State Farm Mutual Automobile Insurance v. Hollingsworth

759 F. Supp. 1355 · District Court, W.D. Arkansas · Mar 15, 1991

These factual allegations are clearly “material” to this controversy. As such, summary judgment would be singularly inappropriate on this issue. … For reasons indicated, the court believes that something more than “occupancy” must be shown to establish “use.”