Vol. 25, Issue 4
September 29, 2014

Civil Cases

Impossibility as defense to contract was not shown; denial of attorney fees to winner must be explained

Arkansas Realtors Association v. Real Forms, LLC - 2014 Ark. 385 Arkansas Supreme Court. September 25, 2014. Circuit Court of Washington County, Hon. Chadd Mason. AFFIRMED ON APPEAL; REVERSED AND REMANDED ON CROSS APPEAL.

Login to access Summary content

Verdict reinstating school principal and awarding $64,998 in damages was affirmed

Jasper School District v. Cooper - 2014 Ark. 390 Arkansas Supreme Court. September 25, 2014. Circuit Court of Johnson County, Hon. William Pearson. AFFIRMED.

Login to access Summary content

No illegal exaction case would lie where State paid for prescription drug alleged to be defective

Bowerman v. Takeda Pharmaceuticals U.S.A. - 2014 Ark. 388 Arkansas Supreme Court. September 25, 2014. Certified question from the United States District Court for the Western District of Louisiana, Hon. Rebecca Doherty. CERTIFIED QUESTIONS ANSWERED.

Login to access Summary content

Value of "living fence" recognized in eminent domain case

City of Jacksonville v. Nixon - 2014 Ark.App. 485 Court of Appeals. September 24, 2014. Pulaski County Circuit Court, Fifth Division, Hon. Wendell Griffin. AFFIRMED.

Login to access Summary content

Commission's finding of dual employment upheld based on substantial evidence

William Durham v. Prime Industrial - 2014 Ark.App. 494 Court of Appeals. September 24, 2014. Workers' Compensation Commission, ALJ. AFFIRMED.

Login to access Summary content

Jury verdict in MVA case awarding damages for extent of injury and pain, but nothing for medical bills was affirmed

Fort v. Estate of Norma Miller - 2014 Ark.App. 498 Court of Appeals. September 24, 2014. Circuit Court of Washington County, Hon. Cristi Beaumont. AFFIRMED.

Login to access Summary content

Criminal Cases

Evidence of 3rd party guilt should have been admitted at trial

Henry Harmon v. State of Arkansas - 2014 Ark. 391 Arkansas Supreme Court. September 25, 2014. Pulaski County Circuit Court, First Division, Hon. Leon Johnson. REVERSED AND REMANDED; COURT OF APPEALS VACATED.

Login to access Summary content

Court will not grant postconviction relief when the petitioner fails to show what evidence or witnesses were omitted at trial and how it could have changed the outcome

Gregory Decay v. State of Arkansas - 2014 Ark. 387 Arkansas Supreme Court. September 25, 2014. Washington County Circuit Court, Hon. William A. Storey. AFFIRMED.

Login to access Summary content

Trial counsel's remark regarding client's escape charge during opening statement and remark regarding possibility of pardon during closing statement did not amount to ineffective assistance of counsel

Derek Sales v. State of Arkansas - 2014 Ark. 384 Arkansas Supreme Court. September 25, 2014. Bradley County Circuit Court, Hon. Robert Bynum Gibson. AFFIRMED.

Login to access Summary content

U.S. Attorney General lacked good cause to waive the Interim Rule procedural requirements under the Administrative Procedures Act

United States v. Kevin Lamont Brewer - 13-1261 8th Circuit Court of Appeals. September 10, 2014. Western District of Arkansas, Hon. Robert T. Dawson. REVERSED AND REMANDED.

Login to access Summary content

Witness identification and defendant's prior bad acts were admissible

United States v. William Hickman - 13-2675 8th Circuit Court of Appeals. August 22, 2014. Eastern District of Arkansas, Hon. D.P. Marshall Jr.. AFFIRMED.

Login to access Summary content