Vol. 24, Issue 37
September 2, 2014

Civil Cases

Rental company's lien notice sufficiently described the service provided; discrepancy in amount claimed and final lien was not fatal

Ahern Rentals, Inc. v. Salter Construction - 2014 Ark.App. 423 Court of Appeals. August 27, 2014. Circuit Court of Faulkner County, Hon. Mike Maggio. REVERSED AND REMANDED.

Login to access Summary content

Appeal from District Court was dismissed for failure to serve certified copy of docket sheet in strict compliance with Rule 9

Motor Cars of Nashville, Inc. v. Chronister - 2014 Ark.App. 430 Court of Appeals. August 27, 2014. Appeal from the Circuit Court of Pope County, Hon. Dennis Sutterfield. APPEAL DISMISSED.

Login to access Summary content

Letter of Intent did not support suit for breach of contract or promissory estoppel; $105,865.61 attorney’s-fee award affirmed

FutureFuel Chemical Company v. Lonza, Inc - 13-1396 8th Circuit Court of Appeals. June 27, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, Hon. Susan Webber Wright. AFFIRMED.

Login to access Summary content

Employer may unilaterally amend retiree health care benefits without violating ERISA

Windstream Corporation et al. v. Da Gragnano et al. - 13-1723 8th Circuit Court of Appeals. July 8, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, Hon. J. Leon Holmes . AFFIRMED.

Login to access Summary content

Veteran with 100% VA disability rating was properly denied Social Security Disability Insurance Benefits

Smith v. Colvin - 13-2984 8th Circuit Court of Appeals. June 25, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, Hon. Jerome T. Kearney. AFFIRMED.

Login to access Summary content

No notice to claimant on record of additional IQ Test means ALJ has not fully developed the record

Channell v. Colvin - 13-2533 8th Circuit Court of Appeals. June 25, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, REVERSED AND REMANDED.

Login to access Summary content

Prison doctor who failed to visually examine potentially infected surgery wound not deliberately indifferent; karate chop to nose that left no physical evidence of harm not excessive force

Jackson (Estate of Tucker) v. Buckman - 13-1156 8th Circuit Court of Appeals. June 27, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, Hon. Jerome T. Kearney. AFFIRMED.

Login to access Summary content

Claim for flood insurance was denied based on failure to complete the correct form

McCarty v. Southern Farm Bureau - 13-2490 8th Circuit Court of Appeals. July 11, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, REVERSED AND REMANDED.

Login to access Summary content

SFIP Flood Insurance Claim not perfected because claimant did not fill out and sign Proof of Loss form

Stoner v. Southern Farm Bureau - 13-2488 8th Circuit Court of Appeals. July 11, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, REVERSED AND REMANDED.

Login to access Summary content

No duty to independent sign contractor who fell through a canopy; he was not forced to encounter the danger in order to perform the job

Pinson v. 45 Development, LLC - 13-3327 8th Circuit Court of Appeals. July 11, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, Hon. P.K. Holmes, III. AFFIRMED.

Login to access Summary content

Parolee could not bring Section 1983 suit against his parole officer when his parole was revoked because it would have the effect of invalidating the revocation order

Newmy (Tony) v. Johnson - 13-2756 8th Circuit Court of Appeals. July 14, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, Hon. J. Leon Holmes . AFFIRMED.

Login to access Summary content

Criminal Cases

Since XOP was on notice of the greater offense, he cannot claim surprise by the trial court's finding of a lesser-included offense

X.O.P. v. State of Arkansas - 2014 Ark. App. 424 Court of Appeals. August 27, 2014. Appeal from Crawford County Circuit Court, Hon. Michael Medlock. AFFIRMED AS MODIFIED.

Login to access Summary content

Field sobriety tests did not violate driver's Fourth Amendment rights because the seizure was based upon probable cause; refusal to take breath test was independently relevant on the issue of intoxication

Tiller (Courtney) v. State of Arkansas - 2014 Ark. App. 431 Court of Appeals. August 27, 2014. Appeal from the Washington County Circuit Court, Hon. William A. Storey. AFFIRMED.

Login to access Summary content

Little Rock police officer sentenced to 104 months’ imprisonment for aiding and abetting marijuana sales

United States v. Jones (Mark) - 13-3670 8th Circuit Court of Appeals. July 1, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, Hon. James M. Moody. AFFIRMED.

Login to access Summary content

Affidavit was sufficient to support search warrant where affiant never dealt directly with the accused but purchased drugs from a middle man

United States v. Dukes (Caruthers) - 13-1159 8th Circuit Court of Appeals. July 10, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, Hon. James M. Moody. AFFIRMED.

Login to access Summary content

A four-level reduction for prisoner escaped from prison camp – USSG § 2P1.1(b)(3) does not apply

United States v. Batts (Adrian) - 13-3796 8th Circuit Court of Appeals. July 10, 2014. Appeal from the United States District Court for the Eastern District of Arkansas, AFFIRMED.

Login to access Summary content