Case law

Cook v. Triple Transport, Inc.

928 F. Supp. 2d 1061 · District Court, E.D. Arkansas · Mar 1, 2013

Qualified for the Position Triple Transport contends that Ms. Cook cannot establish a prima facie case because she was not qualified for the position. … Cook was objectively qualified for the position, given that she would have to pass a motor vehicle record check, a drug test, and a verification of employment records. To establish she was qualified, Ms.

Collins v. Hinton

327 Ark. 159 · Supreme Court of Arkansas · Feb 3, 1997

In fact, the holding in Carton clearly supports the trial court’s decision in this case to admit the testimony of Dr. Lopez. … Lopez in the present case would likewise qualify as an exception to the hearsay rule found in Rule 803(4).

Kelly v. Martin

433 S.W.3d 896 · Supreme Court of Arkansas · May 14, 2014

In its oral ruling, the circuit court found that the evidence established that Judge Fox had been delinquent on his annual license fee. … Clearly, when an attorney is suspended, his or her privilege to practice law temporarily ceases. In that regard I agree with the majority.

Kelly v. Martin

Supreme Court of Arkansas · May 14, 2014

In its oral ruling, the circuit court found that the evidence established that Judge Fox had been delinquent on his annual license fee. … Clearly, when an attorney is suspended, his or her privilege to practice law temporarily ceases. In that regard I agree with the majority.

Opinion No.

Arkansas Attorney General Reports · Feb 9, 2000

RESPONSE State law clearly gives the General Assembly (hereinafter the "Legislature") a wide range of powers and it also clearly gives the University of Arkansas Board of Trustees (hereinafter the "Board") some degree of … There is obviously a spectrum of potential difficulty in determining whether a particular issue is one of substantive policy, with some issues clearly qualifying while others do not.

Burgos v. Roughton

District Court, W.D. Arkansas · Apr 20, 2023

Having found no constitutional violation exists, Defendants are entitled to qualified immunity. See, e.g., Krout v. … Goemmer, 583 F.3d 557, 564 (8th Cir. 2009) (unless the facts make out a violation of a constitutional right the Defendant is entitled to qualified immunity). B.

Aaron v. Cooper

143 F. Supp. 855 · District Court, E.D. Arkansas · Aug 27, 1956

Blossom is a highly qualified and experienced school administrator and has given much thought and study to the myriad problems relating to integration. … They must-consider the personal rights of all qualified persons to be admitted to the free public schools as *865 soon as practicable on a nondiscriminatory basis.

Opinion No.

Arkansas Attorney General Reports · Jan 2, 1990

If a majority of the qualified voters . . . approve the rate of tax . . . then the tax . . . shall be collected as provided by law. … The court held that this scheme violated the Kentucky Constitution, stating: The Tax Increment Act is even more clearly in violation of the constitution.

Lee v. Kansas City Southern Ry. Co.

206 F. 765 · District Court, W.D. Arkansas · Jan 11, 1913

It clearly appears from the testimony that this examination was made for the purpose of qualifying the witness to testify for the plaintiff at the trial of this case. … From the foregoing authorities it clearly appears that the testimony of Dr. J. R.

Baldwin, Trustees Mo. Pac. R.R. v. Hunnicutt

192 Ark. 441 · Supreme Court of Arkansas · Mar 16, 1936

It is very earnestly insisted that the evidence is insufficient to establish negligence, or to take the question of negligence to the jury. … The court examined them on their voir dire, and all appeared qualified. Counsel for appellee was then asked if he desired to ask any further questions, and answered in the negative.

Bey v. Short

District Court, W.D. Arkansas · Feb 26, 2024

“Few doctrines were more solidly established at common law than the immunity of judges for liability for damages for acts committed within their judicial jurisdiction.” Pierson v. … Likewise, the Supreme Court established the absolute immunity of a prosecutor from a civil suit for damages under Section 1983 “in initiating a prosecution and in presenting the State’s case.” Imbler v.

Sharp v. State

51 Ark. 147 · Supreme Court of Arkansas · Nov 15, 1888

Hackett, 2 Allen, 141 , said: ‘‘The well established rule of the common law would seem to be, that if the wound was a dangerous wound, that is, calculated to endanger or destroy life, and death ensued therefrom, it is sufficient … A different doctrine would tend to give immunity to crime, and take away from human life a salutary and essential safeguard.

Ark. Commerce Comm. v. Ark. & Ozarks Rwy. Co.

235 Ark. 89 · Supreme Court of Arkansas · May 21, 1962

Numerous and familiar decisions of this court establish that they have a wide range of discretion in that regard. … arbitrary classification and in conflict with Section 18 Article 2 of the Constitution of the State of Arkansas which provides that: ‘ The general Assembly shall not grant to any citizen or class of citizens privileges or immunities

Holt v. Payne

District Court, E.D. Arkansas · Sep 30, 2020

Capacity Defendants are entitled to qualified immunity because there is not a “clearly established” right to separate Jumu’ah prayer services or to wear a Kufi. … June 12, 2019) (no clearly established right to wear religious apparel). Consequently, Section IV. A.2. of the proposed findings and recommendations [Doc. No. 74] is adopted.

Lamar Outdoor Advertising v. Arkansas Highway & Transportation Department

86 Ark. App. 279 · Court of Appeals of Arkansas · May 26, 2004

However, an administrative agency's interpretation of statutes or its own rules and regulations will not be disregarded unless clearly wrong. See ACW, Inc. v. … To establish an absence of substantial evidence to support the decision the challenging party must demonstrate that the proof before the administrative tribunal was so nearly undisputed that fair-minded persons could not

Smith v. Walker

District Court, W.D. Arkansas · Sep 19, 2023

“Qualified immunity shields public officials from liability for civil damages if their conduct did not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Judge Bryant then concludes that Plaintiff’s failure to establish a claim for violation of his constitutional rights requires that Defendant Golden be granted qualified immunity.

Eric Ray Carr v. Maranda Lynn Carr

2019 Ark. App. 513 · Court of Appeals of Arkansas · Nov 6, 2019

We hold that the circuit court did not clearly err in enforcing the parties’ property- settlement agreement. … We hold that the circuit court did not clearly err in its calculation.

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

Both reflect that the SBA felt the proposed legislation "authorizes the Agency to establish national interest rates" and "negates the usury law in Arkansas." … It is well established that an agency's interpretation of statutes pertinent to its mission will be upheld unless clearly wrong. See, e.g., ACW Inc. v. Weiss, 329 Ark. 302 , 947 S.W.2d 770 (1997).

Opinion No.

Arkansas Attorney General Reports · Dec 19, 2001

With respect to your third question, I believe the meetings of the Facilities Board must clearly be open pursuant to the Arkansas Freedom of Information Act. … Given these legislative pronouncements, notwithstanding its qualified autonomy, see discussion supra, I believe a public facilities board is clearly subject to the "public meetings" requirement set forth above.

Moore v. Anders

14 Ark. 628 · Supreme Court of Arkansas · Jan 15, 1854

But for the reason that he is not affected by the independent judgment against Blackmore, he can claim no immunity from it. … That the vendor, who gives a bond for title, may bring ejectment on failure of the vendee to comply with the condition of the bond by the payment of the purchase money, is fully established by Brown vs.