Case law

Zalazar-Franco v. Karas

District Court, W.D. Arkansas · Dec 20, 2017

Plaintiff did, however, clearly state for Claim One that he was given over ten times’ the amount of insulin he was supposed to receive “by the nurse of this facility.” /d. at 4. … immunity may be raised as a defense.

Faull v. Heath

259 Ark. 145 · Supreme Court of Arkansas · Jan 26, 1976

The facts and issues are clearly set out in the appellant’s brief and they appear as follows: The appellant is the indemnitor on a surety bond executed (pursuant to § 8 of Act 132 of 1969) by the Pastime Club of Hot Springs … Upon the Director determining that the applicant is qualified hereunder, a permit may be issued as authorized in this Section.

George v. State

306 Ark. 360 · Supreme Court of Arkansas · Jul 15, 1991

Wright qualify as “law” under our Rule 802 and, further, whether our original opinion in this case is “law” for Rule 802 purposes. … In 1990 we held that our rules of evidence are supreme in establishing hearsay exceptions. See State v. Sypult, 304 Ark. 5 , 800 S.W.2d 402 (1990).

Banks v. Moore

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

Qualified Immunity Officers sued under § 1983 in their individual capacities can raise qualified immunity as a defense. … were not clearly established at the time.”

Morris v. Ribicoff

194 F. Supp. 841 · District Court, W.D. Arkansas · Jun 12, 1961

‘Any substantial gainful activity’ is such activity for which the particular claimant is reasonably qualified by education, training, or skill. … In the instant case the plaintiff has clearly shown the type of work he has performed in the past. This is the work of a carpenter which, of course, requires strenuous labor.

Gibbs v. State

255 Ark. 997 · Supreme Court of Arkansas · Feb 4, 1974

The machines were coin-operated and Hall viewed the films as any patron of the establishment would, i.e., by placing the required coins into the machine. … A short answer is that such a position is clearly contrary to the result in Roaden, where the reversal was based solely upon the admission of the film in evidence.

Harrison v. Faughn

District Court, E.D. Arkansas · Jul 27, 2022

On March 24, 2021, Defendants Faughn, Sanders, and Stacy filed notice of interlocutory appeal regarding qualified immunity. Doc. 107. … entitled to qualified immunity as to all individual capacity claims against them. Doc. 124 at 10-11.

R.K. Enterprise, LLC v. Pro-Comp Management, Inc.

356 Ark. 565 · Supreme Court of Arkansas · Apr 1, 2004

With regard to the trial court’s finding that the items at issue are trade secrets that were misappropriated, we note that our standard of review is whether the judge’s findings were clearly erroneous or clearly against the … The abstract before us does not establish TRS’s lost profits or Nationwide’s gains resulting from the misappropriation of trade secrets.

Sides v. Beene

327 Ark. 401 · Supreme Court of Arkansas · Feb 24, 1997

Thus, the Davis court concluded that the adoption-inheritance laws were not intended to modify the established meaning of terms used in deeds. … There is no doubt that in 1930 when the deed in question was executed the rule of property of this State was to the effect that an adopted person would not qualify as an heir of the body of an adopting parent.

Mike Atkinson, Special Administrator of the Estate of Virginia L. Atkinson v. Parkway Health Center, Inc.

2026 Ark. App. 208 · Court of Appeals of Arkansas · Apr 1, 2026

At trial, the appellees objected to the court informing the jury that Nurse Hewston had been qualified as an expert witness. … Even if appellees stipulated that Nurse Hewston was qualified to give an opinion as to the requisite standard of care, she did not do so.

Harvey v. Rose

26 Ark. 3 · Supreme Court of Arkansas · Dec 15, 1870

The prima fade case — that the defendant accepted the possession and custody of the mule, as a common carrier — established by the fact that he was a public ferryman, and that the mule was put upon his ferry boat for the … Ricks, 14 Ark., 295. • It is evident, also, from what we have above remarked, that a special agreement is not necessary to qualify a ferryman’s acceptance of property delivered to him for transportation over his ferry, so

Crittenden v. Lytle

221 Ark. 302 · Supreme Court of Arkansas · Dec 8, 1952

Appellants base tbeir persuasive argument on the •well-established rule for the construction of wills as set forth in numerous texts and decisions, citing 57 Am. Jur., p. 726 , and Hoyle v. Baddour, 193 Ark. 233 , 98 S. … There are instances where words used in a will should not be construed according to their technical meaning, but only where explanatory words are used to qualify them or give them a different meaning.

Gurley v. State

164 Ark. 397 · Supreme Court of Arkansas · May 12, 1924

Trigg answered that he would, and he was held qualified and was accepted as a juror. We think no error was committed in permitting the State to propound these questions. … An audit of the books of the bank was made, and the auditor who had made the audit testified as to the various entries which, established the shortage.

Greene County v. Clay County

135 Ark. 301 · Supreme Court of Arkansas · Jul 8, 1918

same to Clay County as a part thereof, the area being properly described by metes and bounds in the statute, which provided also that the township officers should continue in office until their successors were elected and qualified … NTTT of the constitution of 1874 providing that “no county now established shall be reduced to an area of less than six hundred square miles nor to less than five thousand inhabitants ; nor shall any new county be established

Henry v. Franks

District Court, E.D. Arkansas · Mar 27, 2024

A 6 Qualified immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person [in their … , was that right clearly established at the time of the defendant’s alleged misconduct.

Blevins v. Wagnon

281 Ark. 272 · Supreme Court of Arkansas · Jan 30, 1984

We can only overturn that decision if he was clearly wrong in a resolution of a factual dispute, or wrong as a matter of law. A.R.C.P. Rule 52. We find he was neither and affirm the decree. … George Wagnon which can be exercised after five years of operation of the nursing home for the appraised value of the property and facilities as mutually established by two competent and qualified appraisers, one being selected

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2005

As established in McCutchen , it is clearly permissible, for instance, to contribute to a facilities board, which, despite not being a straightforward municipal agency, has a statutory pedigree and has been identified as … I believe the quoted term clearly refers only to residents of the municipal corporation.

Mark Cowan v. Rebecca Cowan

2026 Ark. App. 206 · Court of Appeals of Arkansas · Apr 1, 2026

However, the record does not establish the specific amounts withheld for taxes or contributed to Mark’s retirement accounts. … Thus, a bonus need not be vested or paid at the time of the divorce hearing to qualify as marital property if it was earned during the marriage.

Adamson v. Cummins

5 Ark. 541 · Supreme Court of Arkansas · Jan 15, 1850

But where this power of control ceases to operate effectively, and where the power of the chancellor begins, the authorities do not clearly and distinctly define. … Upon general principles, the affirmative of this proposition would seem to be clearly maintainable; all the analogies of the law are in favor of it.

Watts v. Mahon

223 Ark. 136 · Supreme Court of Arkansas · Feb 15, 1954

W. 2d 926 , wherein it was sought to establish such a contract, ‘it is not sufficient that he establish it by a preponderance of the testimony, but that he must go further and establish the contract by evidence so clear, … W. 82 , it was said that the evidence “clearly establishes the fact that plaintiff went to live with his nncle under an agreement that the latter was to convey the property to him in consideration of the care and attention