Case law

Opinion No.

Arkansas Attorney General Reports · Nov 6, 2000

. § 4975 (e)(7), an ESOP is an employee retirement plan that can take various forms, including stock bonus plans, "which are qualified under section 401(a), and which are designed to invest primarily in qualifying employer … Canan, Qualified Retirement and Other Employee Benefit Plans § 3.40 (2000 Prac. ed.)

CYNTHIA N. WHITE, PAUL R. WHITE, JENNIFER L. BARBER, TYLER R. WHITE, ASHLEY D. HOUGH, AND CHELSEA R. WHITE v. SUSAN R. RANDOLPH; TIMOTHY L. RANDOLPH, SR.; AND HARLEIGH MCKEY

2025 Ark. App. 336 · Court of Appeals of Arkansas · May 28, 2025

You can’t bring it in when she wasn’t qualified as an expert. … This court will not reverse findings of fact unless they are clearly erroneous. Id.

Archer v. Sigma Tau Gamma Alpha Epsilon, Inc.

362 S.W.3d 303 · Supreme Court of Arkansas · Jan 14, 2010

of alcohol to a clearly intoxicated person. … While the Archers attempt to establish that Moore was not a person who could lawfully possess alcohol because he was clearly intoxicated, the only statute that establishes liability for the sale of alcohol to a clearly intoxicated

King v. Ochoa

373 Ark. 600 · Supreme Court of Arkansas · Jun 5, 2008

This appeal arises from an order of the Pope County Circuit Court ruling that Appellant Scott Dale King (“King”) did not qualify as an individual who may adopt minor child J.M.K. (“the child”) under Ark. … As stated above, the statute clearly states that King is eligible to adopt the child, and we should not interpret the statute to say something that it clearly does not. See Parsons, supra.

Reamey v. Watt

240 Ark. 893 · Supreme Court of Arkansas · May 23, 1966

Appellants attack the proof offered on this point, asserting that the witnesses based their opinion on a township map, which was not established to be correct. 4 However, appellants admit that the signatures were not acquired … Act 368 of 1947 (Section 78-1401) clearly and unequivocally provides that efforts to obtain an election creating a stock law district are commenced by the petition of 25% of the qualified electors, residing within each township

Cowsert v. Bargar

2014 Ark. App. 299 · Court of Appeals of Arkansas · May 14, 2014

We review adoption proceedings de novo on the record, but we will not reverse the trial court’s decision unless its findings are clearly erroneous or clearly against the preponderance of the evidence, after giving due regard … Because appellant is the child’s father with established rights, his written consent is required before the child may be adopted unless appellant’s consent is rendered unnecessary because he has, for a period of at least

Spencer v. Payne

District Court, E.D. Arkansas · May 27, 2025

Qualified immunity protects government officials from suits for damages under § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person [in their … right; and (2) the right was clearly established at the time of the deprivation.”

Opinion No.

Arkansas Attorney General Reports · Oct 23, 2001

In light of the constitutional provision just quoted, I believe the answer to this question is clearly "yes." … These constitutional provisions clearly authorize only provisional appointments in the event of disqualification in a particular case or temporary inability to serve.

Crum v. Siems

575 S.W.3d 612 · Court of Appeals of Arkansas · Apr 17, 2019

However, our court will not reverse findings of fact unless they are clearly erroneous. Id. … Accordingly, the court did not clearly err in finding that the evidence regarding the location of the alleged boundary line was insufficient to establish a boundary by acquiescence.

Opinion No.

Arkansas Attorney General Reports · Aug 11, 2000

RESPONSE In my opinion, the revenues described in your first question clearly qualify as "public funds." … Under these circumstances, I believe the retained funds are clearly "public" in character. 1 Moreover, given its character and functions, a library board is properly characterized as an agency of the county, 2 which qualifies

Dodd v. Sparks Regional Medical Center

90 Ark. App. 191 · Court of Appeals of Arkansas · Mar 2, 2005

Appellees responded that the witnesses appellant offered did not qualify as experts, that there was no testimony setting forth the applicable standard of care, and that appellant had failed to establish that the failure to … Clearly, such claims fall within the purview of the Medical Malpractice Act. Dodson v. Charter Behavioral Health System, Inc., supra; Spring Creek Living Center v. Sarrett, 319 Ark. 259 , 890 S.W.2d 598 (1995).

Elder v. Putnam

District Court, E.D. Arkansas · Mar 31, 2021

The proper standard for addressing qualified immunity at the Rule 12(b)(6) stage is whether immunity is established on the face of the complaint. Hafley v. … clearly established.

James Bates v. Kristine Collins Homan, in Her Capacity as Special Administratrix of the Estate of Victor Collins

2021 Ark. App. 266 · Court of Appeals of Arkansas · May 26, 2021

Social Host/Proximate Cause 9 Finally, Bates contends the complaint fails to allege facts sufficient to establish that his furnishing alcohol to Collins was the proximate cause of his death. … Johnson, 2009 Ark. 92, at 11–13, 303 S.W.3d 46, 51–52 (holding that plaintiff was not required to plead the existence of liability insurance to defeat qualified immunity; the defendant, rather, was required to prove its

Lake View School District No. 25 v. Huckabee

351 Ark. 31 · Supreme Court of Arkansas · Nov 21, 2002

Clearly, those acts involved new and different issues to be argued and decided. … In these limited circumstances where the State waived its immunity, the majority court was correct in awarding fees, and, in doing so, utilizing the established factors set out in Chrisco v.

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Mar 20, 2024

There are two prongs to the qualified immunity analysis: (1) a violation of a plaintiff’s constitutional right by an official acting under color of law and (2) a legal showing that the right was so clearly established at … Scharnhorst’s clearly established rights.

Dye v. Anderson Tully Co.

2011 Ark. App. 503 · Court of Appeals of Arkansas · Sep 7, 2011

We will not, however, reverse findings of fact |4unless they are clearly erroneous. Id. … Appellant claims that the trial court abused its discretion when it allowed Gibbs Ferguson to be qualified as an expert for appellee based upon a previous affidavit admitted in the original trial.

Shipp v. Hoffman

District Court, W.D. Arkansas · Jul 15, 2020

The affirmative defense of qualified immunity shields government officials from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known … Clearly Established Right The second prong of the qualified immunity analysis is whether Plaintiff’s implicated right was clearly established at the time of the deprivation.

Jackson v. Ivory

353 Ark. 847 · Supreme Court of Arkansas · Jun 26, 2003

Once the moving party has established a prima facie entitlement to summary judgment, the opposing party must meet proof with proof and demonstrate the existence of a material issue of fact. Spears v. … In Swink, the court interpreted the accountant-immunity statute, which is analogous to the attorney-immunity statute.

Dillon v. Searcy Police Department

District Court, E.D. Arkansas · Sep 10, 2021

The Court finds that, on the record evidence presented, Officer Toler’s “entry did not violate clearly established law,” and he is therefore entitled to qualified immunity. Pearson v. … Dillon has failed to establish a violation of her First Amendment rights on the record evidence before the Court, and Officer Toler is entitled to qualified immunity on Ms.

Mears v. City of Little Rock

256 Ark. 359 · Supreme Court of Arkansas · Apr 8, 1974

legislature, when it intends to repeal a statute, may be expected to do so in express terms or by the use of words which are equivalent to an express repeal, and an intent to repeal by implication, to be effective, must appear clearly … We need say no more to establish that the act is invalid. Affirmed. Another conflict is found in Ark. Stat.