Vol. 25, Issue 13
December 15, 2014

Civil Cases

Grant of new trial in malpractice case was affirmed where the law of allocation of fault was clarified shortly after entry of a verdict for the defendants

English v. Robbins - 2014 Ark. 511 Arkansas Supreme Court. December 11, 2014. Garland County Circuit Court, Hon. Vicki Shaw Cook. AFFIRMED.

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Choice-of-laws analysis results in underinsured motorist claim being reinstated

Hoosier v. Interinsurance Exchange of the Automobile Club - 2014 Ark. 524 Arkansas Supreme Court. December 11, 2014. Garland County Circuit Court, Hon. Marcia Hearnsberger. REVERSED AND REMANDED; COURT OF APPEALS OPINION VACATED.

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Entities authorized to offer banking services under federal law are "authorized to do business in Arkansas" for purposes of statutory foreclosure actions

Dickinson v. Suntrust National Mortgage Inc. - 2014 Ark. 513 Arkansas Supreme Court. December 11, 2014. Eastern District of Arkansas, Hon. Brian Miller. CERTIFIED QUESTION ANSWERED.

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Circuit Court was without jurisdiction to determine that plaintiff was not an employee of the defendant

Entergy Arkansas, Inc. v. Pope County Circuit Court - 2014 Ark. 506 Arkansas Supreme Court. December 11, 2014. PETITION FOR WRIT OF PROHIBITION GRANTED.

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Tax sale was set aside based upon insufficient notice to owner

Rylwell, LLC v. Men Holdings 2 LLC - 2014 Ark 522 Arkansas Supreme Court. December 11, 2014. Pulaski County Circuit Court, Hon. Mary Spencer McGowan. AFFIRMED.

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Retaliation claim against public official sued in his representative capacity could go forward based on statutory waiver of immunity for public employers

Smith v. Daniel - 2014 Ark. 519 Arkansas Supreme Court. December 11, 2014. Pulaski County Circuit Court, Hon. Timothy Davis Fox. AFFIRMED IN PART; REVERSED AND DISMISSED IN PART; AND REMANDED.

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Union stuck with stipulated agreement to injunction banning flash mobs at Wal-Mart

United Food and Commercial Workers International Union, Organization United For Respect At Walmart v. Wal-Mart Stores, Inc. - 2014 Ark. 517 Arkansas Supreme Court. December 11, 2014. Benton County Circuit Court, Hon. John Scott. AFFIRMED.

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Substantial evidence not present to support award of damages

Baptist Memorial Hospital v. Madhu Kalyan, M.D. - 2014 Ark.App. 699 Court of Appeals. December 10, 2014. Mississippi County Circuit Court, Hon. Randy F. Philhours. REVERSED AND REMANDED.

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Alexander Chief of Police unable to rely upon qualified immunity in 1983 suit

Brad Williams v. City of Alexander and Horace Walters - No. 13-3497 Court of Appeals. December 8, 2014. Eastern District of Arkansas, Hon. Kristine G. Baker. AFFIRMED.

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Crude remarks by supervisor not sufficient for age or sex discrimination case

Donald Rickard v. Swedish Match - No. 13-3729 8th Circuit Court of Appeals. December 2, 2014. Eastern District of Arkansas, Hon. Kristine G. Baker. AFFIRMED.

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Mother's ex-husband receives custody of her children with another man

Lowder v. Gregory - 2014 Ark.App. 704 Arkansas Court of Appeals. December 10, 2014. Crawford County Circuit Court, Hon. Michael Medlock. AFFIRMED.

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Criminal Cases

Failing to register as a sex offender is a strict liability offense

Richard Morrow v. State of Arkansas - 2014 Ark. 510 Arkansas Supreme Court. December 11, 2014. Independence County Circuit Court, Hon. John Dan Kemp. AFFIRMED.

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Circuit court lacked subject matter jurisdiction to convict defendant of violating an order of protection

Tracy Standridge v. State of Arkansas - 2014 Ark. 515 Arkansas Supreme Court. December 11, 2014. Baxter County Circuit Court, Hon. Robert W. McCorkindale II. REVERSED AND DISMISSED.

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