Case law

Arkansas Department of Commerce, Division of Workforce Services v. Legal Aid of Arkansas

2022 Ark. 130 · Supreme Court of Arkansas · Jun 9, 2022

DWS contends that Woosley, supra, is distinguishable because several Arkansas statutes establish its authority to investigate and enforce suspected criminal activity. … League of Women Voters of Arkansas, 2022 Ark. 32, at 16, 639 S.W.3d 319, 327, sovereign immunity bars this FOIA action against the Division of Workforce Services, a state agency. Ark. Const. art. 5, § 20.

Daniel Bahner v. Susan Wakefield and Kelli Larue

2026 Ark. App. 146 · Court of Appeals of Arkansas · Mar 4, 2026

A finding is clearly erroneous when, although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake has been made. Id. … Contrary to Bahner’s argument, however, Simmons does not require reversal because it also involved a termination of guardianship rather than the establishment of one.

Opinion No.

Arkansas Attorney General Reports · Mar 9, 1988

One potential defense to an antitrust claim centers upon the "state action immunity" doctrine. Parker v. Brown, 317 U.S. 341 (1943). … It must be initially recognized that the county's specific grant of authority to establish medical services under A.C.A. 20-13-301 et seq., extends to emergency services.

Wiseman v. Batchelor

315 Ark. 85 · Supreme Court of Arkansas · Nov 8, 1993

Ark. 1992) (immunity for attorneys excluded for intentional acts under § 16-22-310). … Yet, Rule 15(a) clearly provides that a party may amend the pleadings at any time without leave of the court. Then, it is incumbent on the opposing party to object to the amendment, followed by a court ruling.

Morgan v. Wilson

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

Moving to the second prong of the qualified immunity analysis, the Court concluded there was no clearly established law on the issue of whether the cell phone of a parolee could be searched without a warrant. Id. … Qualified Immunity The City Defendants contend they are entitled to qualified immunity because Detective Wilson did not violate any of Morgan’s clearly established Fourth Amendment

Klingensmith v. Deboer

District Court, W.D. Arkansas · Jan 7, 2022

motion for summary judgment on the defense of qualified immunity. … When a defendant asserts qualified immunity at the summary judgment stage, the plaintiff must produce evidence sufficient to create a genuine issue of fact regarding whether the defendant violated clearly established law

Sutton v. Sevier County

District Court, W.D. Arkansas · Feb 21, 2025

DISCUSSION County Defendants raise the affirmative defense of qualified immunity, which shields government officials from individual liability unless their conduct violates clearly established … The Court must also decide whether the implicated right was clearly established at the time of the deprivation. Id.

Powell v. Risley

District Court, W.D. Arkansas · Sep 1, 2021

Qualified Immunity Defendants also contend they are entitled to qualified immunity. As discussed above, the freedom of religion claim is being dismissed on failure to exhaust grounds. … The qualified immunity inquiry consists of two questions: “(1) whether the facts alleged or shown, construed in the light most favorable to the Plaintiff, establish a violation of a constitutional right; and (2) whether

Fennell v. City of Pine Bluff

492 S.W.3d 887 · Court of Appeals of Arkansas · May 18, 2016

App. 275 claims on the grounds that there was no protected speech, adverse action, retaliatory intent or the same-decision defense, and/or qualified immunity; (5) the circuit court erred in dismissing appellants’ overtime … claims based on the statute of limitations when they clearly alleged a denial of overtime as recently as 2012, suit was filed in 2011, the Arkansas Minimum Wage Act (AMWA) has a three-year statute of limitations, and appellees

Gibson Appliance Co. v. Nationwide Insurance

341 Ark. 536 · Supreme Court of Arkansas · Jun 8, 2000

Whether the jury’s verdict was clearly against the preponderance of the evidence. … that the trial court should have granted its motion for directed verdict, and presently its motion for judgment notwithstanding the verdict, is Nationwide’s alleged failure to prove either the existence of a defect and establish

Michael v. St. Paul Mercury Indemnity Co.

92 F. Supp. 140 · District Court, W.D. Arkansas · Aug 11, 1950

The case was treated as one of a charitable trust, and the public library association involved therein qualified as such. … If it were otherwise the *143 corporation could not qualify as charitable.

Sanders v. State

300 Ark. 25 · Supreme Court of Arkansas · Sep 18, 1989

According to that order, the jury panel was selected by the use of a computer using random numbers to select names of qualified voters of Garland County. … Here, the appellant clearly did not meet his burden of proof. The record is void of any statistical information to show the racial make-up of the community or of the 400 jurors on the four jury panels. See Thomas v.

ConAgra, Inc. v. Tyson Foods, Inc.

342 Ark. 672 · Supreme Court of Arkansas · Nov 16, 2000

On de novo review, we hold that the chancery court clearly erred in doing so. See Ferguson v. Green, supra. … Accordingly, we conclude that the trial court was clearly erroneous in finding that the information at issue qualified as a trade secret.

Barton v. Hill

District Court, E.D. Arkansas · Aug 13, 2024

Qualified Immunity Defendants argue in their Motion for Summary Judgment11 that they are entitled to qualified immunity on Barton’s claims. … Qualified immunity protects government officials from personal liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Human Rights Defense Center v. Baxter County, Arkansas

District Court, W.D. Arkansas · Dec 5, 2017

to qualified immunity. … Additionally, as the Court’s above discussion indicated, the law is far from clearly established on either of the two claims that HRDC asserts, entitling these officials to dismissal on qualified immunity grounds.

Burkett v. PPG Industries, Inc.

294 Ark. 30 · Supreme Court of Arkansas · Dec 7, 1987

However, we affirm the trial court's holding that the insurance companies are immune from suit, due to our workers' compensation laws which identify the insurers with the employer who clearly is immune. *623 1. … That subsection establishes a formula by which the proceeds of any recovery from the "third party" are distributed.

Opinion No.

Arkansas Attorney General Reports · Jun 30, 2009

I believe the answer to your second question is likewise "no" if you mean to ask whether a county might by ordinance establish exemptions from the bidding requirements that apply under *Page 2 state law. … The condition set forth in A.C.A. § 14-22-104 (2) clearly qualify as a "general law of the state," meaning that a quorum court may not amend or qualify this condition by local ordinance.

Streetman v. United States (In Re Russel)

189 B.R. 190 · District Court, W.D. Arkansas · Apr 22, 1994

Sovereign immunity. … The bankruptcy court’s opinion regarding Russell’s 1983 election is not clearly erroneous and is hereby affirmed. IV.

Oliver v. Phillips

375 Ark. 287 · Supreme Court of Arkansas · Dec 19, 2008

Also, this court has clearly stated that “[o]nee the election takes place, the issue of a candidate’s eligibility under § 7-5-207(b) becomes moot.” Clement v. … parameters by establishing a residence in the geographical area and becoming a qualified elector.

Jones v. John B. Dozier Land Trust

511 S.W.3d 869 · Court of Appeals of Arkansas · Jan 18, 2017

Our standard of review following a bench trial is whether the trial court’s findings are clearly erroneous or clearly against the preponderance of the evidence. Bohannon v. Robinson, 2014 Ark. 458, 447 S.W.3d 585. … Appellee offered an affidavit from The Southern Company in an attempt to qualify the estimate as a business- record exception to the hearsay rule.