Case law

Arias v. Mayorkas

District Court, W.D. Arkansas · Mar 31, 2025

See Mandel, 408 U.S. at 762 (“It is now well established that the Constitution protects the right to receive information and ideas.” … practical matter, however, the provision of a facially legitimate and bona fide reason would place Defendants squarely in Mandel territory and allow them to avoid judicial review where consular nonreviewability would clearly

Kaiser v. Weinerhold

District Court, W.D. Arkansas · Feb 22, 2024

Defendants claim that the following three cases constitute “strikes” against Plaintiff, thereby precluding him from qualifying for IFP status in this case unless he is “under imminent danger of serious physical injury” … § 1997e(a), and Defendants have established this affirmative defense as a matter of law, Plaintiff’s action will be dismissed without prejudice. See Castano v. Neb.

United States v. Weathers

District Court, W.D. Arkansas · Aug 10, 2022

The form itself clearly references Haz-MERT and no other company. … Amount Owed As liability on Count III has been established, the only remaining question is the amount of the judgment.

Nolen v. Cash

District Court, W.D. Arkansas · Jun 16, 2023

They argue summary judgment in their favor is appropriate because Defendants were not deliberately indifferent to Plaintiff’s serious medical needs, they are entitled to qualified immunity, and HSCJ had no unconstitutional … He testified he made a couple of calls to the VA to try to establish care, but he was never able to make an appointment before he was arrested again on July 13, 2020. (Id. at 23).

Jones v. Payne

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

“When conducting de novo review, the district court makes its own determinations of disputed issues and does not decide whether the magistrate’s proposed findings are clearly erroneous.” … The Court recognizes that Jones is proceeding pro se, but “a petitioner’s pro se status” or his “unfamiliarity with the intricacies of the law or legal procedure do not qualify as “cause excusing a procedural default.”

Shook

District Court, W.D. Arkansas · Mar 27, 2026

Further, “[a] judge’s ordinary efforts at courtroom administration … remain immune” from claims of bias. Id. Plaintiff’s complaints about his counsel also find no support in the record. … Symptomatic human immunodeficiency virus (HIV) infection may qualify for these presumptive-disability payments. Id.

Pyles v. Social Security Administration Commissioner

District Court, W.D. Arkansas · May 8, 2023

He had no qualifying PRW. (Id.). … Later that month, Plaintiff established care at the Belinga Neurology Clinic. (ECF No. 14, pp. 546-547, 645-649).

Shipp

District Court, W.D. Arkansas · Mar 30, 2026

Over the next decade, Central States continued to expand, establishing manufacturing and retail locations across the eastern United States. … In other words, Plaintiffs believe Central States left GreatBanc no option but to agree to a transaction that was clearly not in the ESOP’s best interests, and GreatBanc uncritically “rubber stamp[ed] the transaction.”

Fort Worth Partners, LLC v. Nilfisk, Inc.

District Court, W.D. Arkansas · Feb 22, 2024

Second, the proposed witness must be qualified to assist the finder of fact. … That measure requires FWP to establish the Building’s replacement cost, as defined in Section 10.2—and that is precisely what Slintak and McMahon endeavored to do with their estimate.

Midyett v. Wilkie

District Court, W.D. Arkansas · Dec 16, 2019

To carry that burden, the defendant must clearly show controlling factual identities between the first and second cases. /d. … There, the court held that “[p]arties to Title VIl actions enjoy no immunity from res judicata.”

Stebbins v. Arkansas, State of

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

Stebbins’s failure to exhaust administrative remedies is, in itself, a reason to dismiss the case, and evaluating the case on the merits, the Court finds that there is clearly no proof in the summary … To establish a First Amendment retaliation claim under 42 U.S.C. § 1983, Mr.

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Aug 28, 2023

Defendants contend that none of these submissions qualify as an exhaustion of Plaintiff’s administrative remedies with respect to his claims against any of the defendants except – as noted above – for Defendants Cpl. … Clearly, the kiosk system was available to Plaintiff within days of him being placed in ISO-4 on March 29, 2022.

Kirkland v. Social Security Administration Commissioner

District Court, W.D. Arkansas · Sep 22, 2020

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

United States v. Knight

25 F. Supp. 3d 1104 · District Court, W.D. Arkansas · Jun 10, 2014

“Mere association between the principal and those accused of aiding and abetting is not sufficient to establish guilt.” Id. … Barber clearly signed the deed on behalf of EIA, and the deed is and was a matter of public record. The Court notes that.

Crain v. Crain

District Court, W.D. Arkansas · Mar 31, 2022

Shirley is unlikely to prevail on appeal because, as a threshold matter, Dude’s 2012 will clearly did not comply with his obligations under the PSA. … The Eighth Circuit instructs that “economic loss does not, in and of itself, constitute irreparable harm,” but “[t]he threat of unrecoverable economic loss, however, does qualify as irreparable harm.” Iowa Util.

Jones v. Social Security Administration Commissioner

District Court, W.D. Arkansas · Sep 8, 2022

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 impairment that has lasted at least one year and that prevents … While the ALJ did not find every medical diagnosis to be a severe impairment, the ALJ specifically and thoroughly discussed the alleged impairments in the decision, and clearly stated that he considered all of Plaintiff

Bes Design/Build, LLC v. Employers Mutual Casualty Company

District Court, W.D. Arkansas · Jul 27, 2023

Performance of that duty while maintaining confidences of the client, however, is qualified by the advocate’s duty of candor to the tribunal. … The plain language of the contract clearly entitles Mountain Mechanical to recover a reasonable attorney’s fee incurred in the litigation.

Turner v. Lewisville School

District Court, W.D. Arkansas · Jan 17, 2019

Significant Change in Facts or Law LCSD contends that the repeal of the 1989 Act and the passage of the 2013, 2015, and 2017 Acts qualifies as a significant change that warrants modification, arguing … Although the Turner Decree does not expressly prohibit inter-district transfers, the Court finds that the Turner Decree clearly intended to prohibit any racial discrimination occurring within the LCSD school district, including

Milton v. Clinton

District Court, W.D. Arkansas · Jan 17, 2019

Significant Change in Facts or Law Camden-Fairview contends that the repeal of the 1989 Act and the passage of the 2013, 2015, and 2017 Acts qualifies as a significant change that warrants modification … Although the Milton and Lancaster Orders do not expressly prohibit all inter-district transfers, the Court finds that the Milton and Lancaster Orders clearly intended to prohibit any racial discrimination occurring

Stephens

District Court, W.D. Arkansas · Sep 15, 2026

Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam) (pro se complaint must be liberally construed and plaintiff clearly intended for amended complaint to be read together with original complaint). … It’s not his job to dole these forms out based on his partial pinion of it qualifying as grievable. Id.