Case law

Robertson v. White

633 F. Supp. 954 · District Court, W.D. Arkansas · Apr 4, 1986

Gibson 355 U.S. 41, 45 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957) established the standard this court must use in determining the validity of plaintiffs’ claims, upon a defendant’s Rule 12(b)(6) motion: “In appraising the … The Securities Act of 1933 prohibits a party from selling unregistered securities through the mails or in interstate commerce, or those without qualifying prospectuses. 15 U.S.C. Sec. lie.

Arkansas Oklahoma Gas Corporation v. BP Energy Company

District Court, W.D. Arkansas · Jul 31, 2023

Texas public policy clearly favors awarding prejudgment interest on damages for breach of contract, such that awarding prejudgment interest is effectively a default which can only be departed from if specific facts make … The reason for this discrepancy was not any shortcoming or failure of advocacy on the part of AOG’s counsel; indeed, AOG established BP’s breach of contract with respect to nearly all of the damages it sought.

Immanuel Baptist Church of Rogers, Arkansas, Inc. v. Brotherhood Mutual Insurance Company

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

It claims that Smith qualifies as an “insured” under the policy because he is a member of Immanuel, the named insured. (Doc. 38-30, p. 5). … Accordingly, the mere fact that Brotherhood has taken this legal position does not establish Brotherhood’s bad faith. The Court’s inquiry does not end there, however.

Hatfield v. Tony Pirani

District Court, W.D. Arkansas · May 11, 2023

Booneville Community Hospital, however, “it is clearly not an established rule in federal courts that a party's delay or even failure to produce a privilege log constitutes a wholesale waiver of their right to assert privileges … Defendants argue that, as representatives of a “Mexico-based attorney,” their communications with clients qualify for attorney-client privilege. Id. at 15. Hatfield takes the position that, because Mr.

Davis v. Franks

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

“A party seeking modification of a consent decree ‘must [first] establish that a significant change in facts or law warrants revision of the decree.’” Little Rock Sch. Dist. v. Pulaski Cnty. Special Sch. … Significant Change in Facts or Law Hope 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

De Rossitte v. Vowell.

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

On June 12, 2017, Plaintiff filed an Amended Complaint but failed to use the Court’s form as directed to clearly indicate what claims Plaintiff was making against each Defendant. (ECF No. 11). … None of Plaintiff’s other medical conditions qualify as objectively serious medical needs and therefore Defendants’ Motion for Summary Judgment should be granted as to those claims.

McFeeters v. Social Security Administration Commissioner

District Court, W.D. Arkansas · Apr 7, 2020

It is well established that a claimant for Social Security disability benefits has the burden of proving his 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, he must prove that on or before the expiration of his insured status he was unable to engage in substantial gainful activity due to a medically determinable physical or mental

United States v. Junction City School District

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

“A party seeking modification of a consent decree ‘must [first] establish that a significant change in facts or law warrants revision of the decree.’” Little Rock Sch. Dist. v. Pulaski Cnty. Special Sch. … Although the 1970 Order does not expressly prohibit inter-district transfers, the Court finds that the 1970 Order clearly intended to prohibit any racial discrimination occurring within Junction City, including preventing

Human Rights Defense Center v. Baxter County, Arkansas

District Court, W.D. Arkansas · Mar 31, 2023

In its December 5, 2017 ruling, the Court dismissed the individual capacity damage claims based on qualified immunity. See Doc. 49. … Testimony establishes the book cart was not in use and the Jail did not accept donations.

Sasser v. Kelley

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

McGew was not qualified or not credible, but because Judge Hendren did not find that testimony useful. Even if his methodology is not suspect, Dr. … Sasser also points to the fact that he did not obtain a qualifying score on the ASVAB for entry into the military.

Crain v. Crain

District Court, W.D. Arkansas · Jan 18, 2022

Therefore, to the extent the Court refers to Shirley in the discussion below as an “innocent” recipient of Dude’s estate, that term is qualified by the Court’s observations above. 8 7F The Court looks … Second, Shirley established equitable ownership of half of the ranch at 3655 Beach Way, in Van Buren, Arkansas.

Crain v. Crain

District Court, W.D. Arkansas · Dec 21, 2021

Therefore, to the extent the Court refers to Shirley in the discussion below as an “innocent” recipient of Dude’s estate, that term is qualified by the Court’s observations above. 7 6F The Court looks … Second, Shirley established equitable ownership of half of the ranch at 3655 Beach Way, in Van Buren, Arkansas.

Arkansas Oklahoma Gas Corporation v. BP Energy Company

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

Clearly, then, there was no period during Winter Storm Uri when EOIT curtailed all transportation. … However, Texas law is actually more nuanced than that; Moore itself qualifies this rule with “[u]nless the [contract] provides otherwise.” See Moore, 261 S.W.3d at 422.

Hayes v. Daniel

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

Given Plaintiff’s prior motion concerning Local Rule 16.2, he has clearly read the Local Rules. … Further, “[a]ll incoming privileged mail should be in official letterhead envelopes and should be clearly identified as “Privileged Correspondence.” (ECF No. 94-5 at 5).

London Luxury LLC v. Walmart Inc.

District Court, W.D. Arkansas · Mar 8, 2024

I need to know exactly what the bank needs and that may mean some push back on the bank given the above clearly noted legally binding agreements made. … Small lacked the 8 Though this “testing protocol” language was deleted from the final version, other language in the same document required products to “meet or exceed [the] attached specifications to qualify” as marketable