Case law

Richardson v. Social Security Administration Commissioner

District Court, W.D. Arkansas · Nov 6, 2023

Accordingly, we find that a licensed and experienced physician and certified disability analyst is clearly qualified to serve as a medical expert in this case. … A disability claimant has the burden of establishing her RFC. Vossen, 612 F. 3d at 1016.

Mullins-Moore v. Collier

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

They argue: 1) there is no proof of any personal involvement by Defendant Wood; 2) Defendants were not deliberately indifferent to Plaintiff’s serious medical needs; 3) Defendants are entitled to qualified immunity; and … Douglas County Medical Dept., 725 f.3d 825 (8th Cir. 2013), the Court outlined the necessary elements of establishing the existence of an unconstitutional custom.

Carlisle v. Long

District Court, W.D. Arkansas · Mar 25, 2019

retaliation, discrimination, or any constitutional violation; Sheriff Holloway was not deliberately indifferent to any need for training or supervision; all Defendants are entitled to qualified immunity; and there … , there is no need to reach the issue of qualified immunity.

Sewell v. Phillips Petroleum Co.

197 F. Supp. 2d 1160 · District Court, W.D. Arkansas · Apr 12, 2002

The case held that the trial court’s finding of the latter was not clearly erroneous. At this point the Court turns to the question of whether the instant alleged trespass is continuing in nature. … The most cursory inquiry into the history of nuisance law will reveal that actions in nuisance were created in an effort to balance the firmly established notion that a landowner is allowed to use his land as he see fit.

Fryberger v. University of Arkansas, Fayetteville

District Court, W.D. Arkansas · Nov 18, 2019

Bd. of Educ., 526 4 Despite clear case law to the contrary, the University originally argued in this case that it had sovereign immunity from claims under Title IX. U.S. 629, 640 (1999). … In the absence of established precedent, the Court finds the University’s actions in this respect were not clearly unreasonable.

In re Harnik

151 F. Supp. 504 · District Court, W.D. Arkansas · May 17, 1957

On May 18, 1956, Sigun Rasmussen was appointed Trustee and duly qualified as Trustee for each bankrupt estate. Prior to the filing of the petition for adjudication of bankruptcy, A. … “The nature and derivation of the remedy make clear that it is appropriate only when the evidence satisfactorily establishes the existence of the property or its proceeds, and possession thereof by the defendant at the time

Murguia v. Childers

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

But it does not alone establish liability. See Mumid v. … Here, DWS’s continued provision of forms in English is clearly problematic.

Glenanne J. Johnson v. United States Air Force, Secretary of the U.S. Air Force, in His Official Capacity

District Court, W.D. Arkansas · Sep 2, 2026

To state a claim for gender discrimination, an employee must demonstrate that she is a member of a protected class, was qualified for her job, suffered an adverse employment action, and at least some facts give … A breach of contract action under state law is clearly preempted by the CSRA. See Gergick v.

Luna v. Gentry

District Court, W.D. Arkansas · Jan 18, 2024

Plaintiff clearly states in his Second Amended Complaint under Claim One that Defendant Fowler violated his rights by failing to provide a healthy, safe, and secure environment for Plaintiff. … individuals in their official capacities are equivalent to claims against the entity for which they work; they require proof that a policy or custom of the entity violated the plaintiff’s rights, and the only type of immunity

Human Rights Defense Center v. Baxter County, Arkansas

District Court, W.D. Arkansas · Apr 25, 2019

Thus, the proof established all three elements necessary for Monell liability. … Such an inspection process would clearly be more efficient than inspecting letters, books, magazines, etc.

Farella v. District Judge A.J. Anglin

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

Here, the harm to Plaintiffs is clearly irreparable. The undisputed facts show that their Sixth Amendment right to counsel was violated. … Plaintiffs have shown success on the merits, and the other Dataphase factors clearly weigh in their favor.

Arkansas Valley Feed Mills, Inc. v. Fox De Luxe Foods, Inc.

171 F. Supp. 145 · District Court, W.D. Arkansas · Mar 3, 1959

denying in such instances that its president has the powers with which it has qualified him, or which it has customarily permitted him to exercise. … It is difficult to imagine a situation which would more clearly impose upon the principal a duty to speak than the instant case.

Fochtman v. DARP, Inc.

District Court, W.D. Arkansas · Jan 31, 2019

“The requirement that a class be clearly defined is designed primarily to help the trial court manage the class. … Defendants contend that the Court should not find that class issues predominate over individual ones because it is unknown at this time whether any class members will ultimately qualify as employees under the AMWA, due

Pioneer Civil Construction, LLC v. Ingevity Arkansas, LLC

District Court, W.D. Arkansas · Mar 3, 2023

Defendants argue that their breach of contract claim complies with the pleading rules because it is in a separate and clearly delineated section that alleges all the necessary elements for such a claim. … Defendants’ Amended Answer clearly alleges that the Ingevity AR employee could not have been acting in the scope of their employment because their policies strictly prohibit employees from receiving personal favors or

Madole v. Dorney

District Court, W.D. Arkansas · Feb 10, 2021

Madole points to no established procedure that resulted in the deprivation. … “Inmates clearly retain protections afforded by the First Amendment, including its directive that no law shall prohibit the free exercise of religion.” O’Lone v.

Lippe v. Stone Bank

District Court, W.D. Arkansas · Jul 13, 2022

The First Amended Complaint did not clearly state any cause of action but principally brought claims under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act and Arkansas’s felony tort statute. … This must be established by proving that the employer knew, or in the exercise of ordinary care should have known, that its employee's conduct would subject third parties to an unreasonable risk of harm.” Turner v.

Kester v. Social Security Administration Commissioner

District Court, W.D. Arkansas · Jun 7, 2024

It is well established that a claimant for Social Security disability benefits has the burden of proving her disability by establishing a physical or mental disability that has lasted at least one year and that prevents … In order for Plaintiff to qualify for DIB, she must prove that on or before the expiration of her insured status she was unable to engage in substantial gainful activity due to a medically determinable physical or mental

Hendrickson v. Schuster

District Court, W.D. Arkansas · Apr 2, 2018

Various qualifying offenses that merit discipline are set forth in the WCDC Policy Manual (Doc. 33-8 at 12-28), including rape or other forced sexual acts, making sexual threats, engaging in sexual activity with another … immunity; (7) there is no basis for punitive damages; and (8) there is no basis for official-capacity liability. 18 Plaintiff agrees with Defendants that at least some of his

In re Tyson Foods, Inc.

275 F. Supp. 3d 970 · District Court, W.D. Arkansas · Jul 26, 2017

Defendant Tyson Foods, Inc. is the nation’s largest chicken producer, and was traditionally not immune to its industry’s volatility. … For example, Defendants are right to point out that Lead Plaintiffs’ assertion, clearly made'on im formation and belief, that exporting eggs to Mexico was against Tyson’s economic self- *995 interest "neglects the cost-side

Hamilton v. Earl

District Court, W.D. Arkansas · Jan 24, 2023

They further argue they were entitled to rely upon a medical professional’s opinion, and are therefore entitled to qualified immunity. (Id. at 6-7). Defendants emphasize an email from Dr. … Having established an ADC policy wherein inmates may not possess copies of their medical records, and having also admitted that Plaintiff was not provided with timely access to them, the ADC Defendants cannot now rely upon