Case law

Weiner v. Merchant Capital Grp., LLC

686 S.W.3d 32 · Court of Appeals of Arkansas · Feb 21, 2024

Ohana now appeals the dismissal, arguing that the contract qualifies as a security under the Arkansas Securities Act. … Here, the circuit court erroneously stated that the holding of Waters required an analysis of only the five-factor Smith test to determine whether the Agreement qualifies as a security.

Opinion No.

Arkansas Attorney General Reports · Jul 1, 1992

Your final question concerns what happens when two or more applicants are substantially equally qualified and one of them is a veteran. … Section 21-3-302 (B) of the Arkansas Code provides clearly in this situation that the veteran must be given preference.

Turning Point USA at Arkansas State University v. Rhodes

District Court, E.D. Arkansas · Aug 19, 2019

Recognizing the difficulty of the issue is not to say that first amendment law, according to the federal appellate courts, is never clearly established and that qualified immunity always protects … See Estate of Walker, 881 F.3d at 1061 (reversing the denial of qualified immunity because the district court defined the constitutional right in question too generally; the issue of whether the right was clearly established

Coffelt v. Arkansas State Highway Commission

285 Ark. 314 · Supreme Court of Arkansas · Mar 25, 1985

grantor’s remaining property in and to said freeway, provided, however, that such remaining property shall abut upon and have access to said frontage road which will be connected to the freeway only at such points as may be established … Coffelt was not shown to be an expert or to be qualified as a landowner to testify as to the value of her land.

McGraw v. Collier (In re Collier)

497 B.R. 877 · United States Bankruptcy Court, E.D. Arkansas · Sep 3, 2013

However, the evidence clearly shows that the LLC knew its own net worth and also knew that it did not qualify as an Accredited Investor. … Clearly, the aim was to mislead the Debtor and his level of employees as long as possible. Apparently, the Debtor himself was deceived.

Everhart v. Flournoy

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

Qualified Immunity The Court will now address whether Defendant Walcott is entitled to qualified immunity.8 Determining whether a defendant is entitled to qualified immunity … To determine if Plaintiff’s right was clearly established at the time of the alleged deprivation, the Court “must . . . examine the information 8 It is not necessary to address the issue of qualified immunity with respect

Neeve v. City of Caddo Valley

351 Ark. 235 · Supreme Court of Arkansas · Dec 5, 2002

bars the establishment of the Caddo Valley City Court. … The word “hereby” clearly indicates that the city court was established immediately, and not upon the appointment of a judge.

See v. State

296 Ark. 498 · Supreme Court of Arkansas · Oct 10, 1988

At trial, the state’s proof clearly showed that the appellant shot and killed the two victims. … Code Ann. § 5-65-103 (1987), establishes 0.10% as the legal intoxication rate.

Favano v. Elliott

2012 Ark. App. 484 · Court of Appeals of Arkansas · Sep 12, 2012

Favano first argues that the trial court’s order granting Elliott visitation is clearly erroneous because there was insufficient proof that Elliott established a significant and viable relationship with M.F. … Though Favano did testify that a relationship with Elliott was in her daughter’s best interest, she also qualified this statement and further explained that court-ordered visitation was not in M.F.’s best interest.

Stewart v. State

233 Ark. 458 · Supreme Court of Arkansas · Apr 17, 1961

The photographs introduced in evidence in the present case meet one or all of the above conditions and were clearly admissible. … He stated he didn’t pick the jury panels on a personal basis — just who he thought was best qualified. Mr. Jack L.

Schubert v. Target Stores, Inc.

360 Ark. 404 · Supreme Court of Arkansas · Jan 27, 2005

Under Louisiana Law, a principal which is a statutory employer of the plaintiff is immune from tort liability. … App. 214 , 706 S.W.2d 199 (1986), is clearly not binding on this court.

Watkins v. Dudgeon

270 Ark. 516 · Court of Appeals of Arkansas · Oct 1, 1980

The probate court found that although appellants were certainly good parents and qualified to rear the child, the father was also a fit and proper person to have custody. … Upon a careful review of the record as a whole, we are convinced that the judgment of the probate court is clearly erroneous (clearly against the preponderance of the evidence). Rule 52, Ark. Rules of Civil Procedure.

Opinion No.

Arkansas Attorney General Reports · Sep 12, 2011

before the word it modifies, 8 indicating that "substantial" in this case clearly modifies "input." … State , 337 Ark. 503 , 989 S.W.2d 533 (1999). 16 If it is established that an appointee in fact is not qualified, there are three possible causes of action that may be brought to remove an individual who is ineligible to

Ragland v. Pittman Garden Center, Inc.

307 Ark. 374 · Supreme Court of Arkansas · Dec 9, 1991

After doing so, he again found that the employees of the Pittman appellees qualified for the exemption. The commissioner then filed a second appeal. … This they failed to do, and the chancellor clearly erred in finding otherwise.

Pratt v. Roberts

District Court, W.D. Arkansas · Jul 5, 2023

Individual Capacity Claims Next, Defendants Roberts argues he cannot be held liable for actions of which he was not personally involved, and he asserts qualified immunity. … Without individual liability, the Court need not address Defendants’ assertion of qualified immunity. B.

Brasfield v. Pine Bluff Arkansas, City of

District Court, E.D. Arkansas · Sep 30, 2024

Mayor Washington in her individual capacity may be protected by qualified immunity. … “Qualified immunity shields a government official from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have

Gravette v. Veach

186 Ark. 544 · Supreme Court of Arkansas · Nov 21, 1932

An examination of the deed involved in the instant case shows no irreconcilable conflict in its several clauses, but, considered in its entirety, it clearly discloses the intention of the grantor. … In carrying out this purpose the town of Gravette and the Civic Improvement Club were constituted qualified trustees, the one to hold the legal title and the other to exercise a power in trust.

Kimmons v. Kimmons

1 Ark. App. 63 · Court of Appeals of Arkansas · Mar 18, 1981

Since this case and the issue of custody have not been fully developed in the trial below, this cause must be remanded so that the parties’ rights can be clearly determined. See Arkansas National Bank v. … The child, Jennifer, suffered from diaper rash to the point of bleeding; she had infected ears which required the surgical placement of tubes in her ears; and she had not been given her immunization shots.

Brown v. Dermott Arkansas, City of

District Court, E.D. Arkansas · Sep 27, 2023

Qualified immunity Defendants are immune from the individual capacity claims alleged against them. … right is clearly established, and (3) raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right.”

McMullen v. Healthcare Staffing Associates, Inc.

2012 Ark. App. 617 · Court of Appeals of Arkansas · Oct 31, 2012

On September 17, 2009, the trial court granted summary judgment to AEO based on the charitable-immunity doctrine; however, the court of appeals reversed this order on March 2, 2011. McMullen v. Ark. … The contract between Defendant Healthcare Staffing Associates and Arkansas Elder Outreach is clear in its terms that Healthcare Staffing Associates’ obligation is to provide qualified medical employees in the quantity and