Case law

Opinion No.

Arkansas Attorney General Reports · Jun 17, 2008

. § 19-11-206 (3)(A) (Supp. 2007). 2 Sebastian County clearly falls within this definition. … Att'y Gen. 1997-413 (declining to apply the Interlocal Cooperation Act to an agreement, entered pursuant to A.C.A. § 26-74-214 (b)(2) (Repl. 1997), establishing a sales tax distribution formula other than per capita) and

City of Conway and Arkansas Municipal League Workers' Compensation Trust v. Jessie Ellis

2025 Ark. App. 339 · Court of Appeals of Arkansas · May 28, 2025

Taylor stated further that she is not qualified to test 4 for cognitive defects and is not qualified to provide an opinion on whether Ellis had suffered a traumatic brain … Morse’s testimony that Yousey suffered a brain injury, clearly establish that Yousey did, in fact, suffer a compensable injury to his brain.

Phillips v. Union Pacific Railroad

89 Ark. App. 223 · Court of Appeals of Arkansas · Jan 26, 2005

the Railroad agreed to apportion settlement funds in the amount of $9000 to Phillips’s account with the Federal Railroad Retirement Board (RRB), which would entitle Phillips to additional service credits allowing him to qualify … We do not reverse a judgment entered by a circuit court after a bench trial unless we determine that the court erred as a matter of law or we decide that its findings are clearly against the preponderance of the evidence.

Nicholson v. City of Forrest City

216 Ark. 808 · Supreme Court of Arkansas · Mar 6, 1950

known nature of much interstate selling by itinerant solicitors negatives such permanence in location, and the enactment was not to be saved by the mere possibility of exceptional non-discriminatory cases under it. 1 The established … As was pointed out in the Nippert case this conclusion clearly does not mean that there can be no valid taxes levied on acts or things which are in the course of interstate commerce.

Hulsey v. Sargent

550 F. Supp. 179 · District Court, E.D. Arkansas · Nov 12, 1981

The memorandum in support of the petition for rehearing, however, clearly makes the arguments here espoused by Mr. Hulsey. … Hulsey relief under Rule 37 do not answer this question clearly. In its disposition of Mr.

Van Lear v. Eisele

126 F. 823 · U.S. Circuit Court for the District of Eastern Arkansas · Dec 29, 1903

That, as such physician, he has been successful, and established quite a profitable business. … That the hot water, which belongs to the government, is piped from the springs and reservoirs erected by the government to the various bathing establishments, and visitors can only take these baths at these establishments

Bailey v. Commerce Union Bank

223 Ark. 686 · Supreme Court of Arkansas · May 17, 1964

It did not establish a rule of property in the sense that anyone has patterned his conduct in reliance upon the case. … That is, it is pretty certain that no creditor, owning a usurious contract, has persuaded his debtor to transfer the prop-' erty to a third person for the sole purpose of immunizing the contract from attack.

Opinion No.

Arkansas Attorney General Reports · Sep 7, 2007

Given that the subject of the request is a public employee, I believe the records at issue clearly qualify as "public records" under this definition. As my predecessor noted in Op. Att'y Gen. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Rollins v. Farris

108 F.R.D. 714 · District Court, E.D. Arkansas · Dec 19, 1985

Nanette Rollins’ qualifications were clearly superi- or.” … It is well-settled that in order to establish a prima facie case under 42 U.S.C. § 2000e or 29 U.S.C. § 626 , the plaintiff must show that she was qualified for the position, that she was rejected and that a member of a non-proteeted

Green v. State

64 Ark. 523 · Supreme Court of Arkansas · Jan 8, 1898

No rule can be laid down by which it can be accurately determined how much skill, knowledge, or experience a witness must possess to qualify and entitle him to testify as an expert. … His own testimony does not clearly or satisfactorily show that he was qualified to give an opinion as an expert that would have been of any aid or assistance to the jury. Dr.

Opinion No.

Arkansas Attorney General Reports · May 24, 2006

qualifies as a "legal instrument." … He or she can do no more than establish that the records comply with formal requirements.

Kistner v. Cupples

372 S.W.3d 339 · Supreme Court of Arkansas · Nov 4, 2010

The Simmons court was clearly relying on the exact language that section 376.12(c)(4) now specifically instructs should not affect whether the driver provided by the lessor is an independent contractor or an employee of the … Contractor shall provide Equipment and qualified drivers who have been approved by IDI. [[Image here]] 9.

Meeks v. Meeks

290 Ark. 563 · Supreme Court of Arkansas · Dec 22, 1986

The trial court entered a final decree on January 14,1985, ordering the appellant to pay $700 per month child support and establishing visitation rights. … The chancellor heard the testimony, examined the evidence, and concluded that the appellant had not established a right to those funds as his separate property. We cannot say this decision was clearly wrong.

Edgin v. Entergy Operations, Inc.

331 Ark. 162 · Supreme Court of Arkansas · Jan 22, 1998

Surely employer Wackenhut should not be able to entice business customers by assuring them immunity from suit that might arise under § 11-9-410(a). … Arkansas statutory law establishes public policy, see Sterling Drug, Inc. v.

Kelly v. Kelly

381 S.W.3d 817 · Supreme Court of Arkansas · Jun 16, 2011

Lax acknowledged that at the least the transaction qualified as a constructive gift, particularly in light of David Sr.’s clear intent to make a gift to his children. … As we have previously recognized, the key determination in establishing that a gift has been made is whether reasonable minds would conclude from attending circumstances that the purpose was present.

W. M. Bashlin Co. v. Smith

277 Ark. 406 · Supreme Court of Arkansas · Nov 22, 1982

The holding was clearly to the effect that the compensation law limited the employer’s liability as well as the employee’s recovery. … In matters involving workers’ compensation benefits the employer shall be immune from third party tortfeasors’ claims. VI. Appellant argues that the verdict was excessive. We do not agree.

Saxton v. Arkansas Gazette Co.

264 Ark. 133 · Supreme Court of Arkansas · Jul 17, 1978

Further, the use of the words "to any other authority" in this section of the Act clearly indicates that the privilege asserted here is applicable to civil proceedings. … The reason asserted for this immunity is that public officials should be unhampered, or uninhibited, in any way, in serving the public will.

Opinion No.

Arkansas Attorney General Reports · Oct 23, 2003

The Court also stated that "all FOIA requestors have an equal, and equally qualified, right to information. . . ." Id. at 499 . … Listed telephone numbers are presumptively public information, but factual circumstances could indicate that withholding this information is appropriate if a heightened privacy interest in the number can be established.

McEuen Burial Ass'n v. Arkansas Burial Ass'n Board

298 Ark. 572 · Supreme Court of Arkansas · May 8, 1989

In response to Act 443 of 1987, the Board amended its Rule 18 to establish new minimum rates and added Rules 38, 39, and 40. … The words of this section of the act clearly establish that it is not necessary that the injury already have occurred or that a person show he was affected by it in order to obtain a declaratory judgment.

Graftenreed v. Seabaugh

100 Ark. App. 364 · Court of Appeals of Arkansas · Nov 28, 2007

There is a decided tendency to permit the fact-finder to hear the testimony ofpersons having superior knowledge in the given field, unless they are clearly lacking in training and experience. Id. … When there is evidence to establish a causal connection between the negligence of the defendant and the damage, it is proper for the case to go to the jury. Id.