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Archive for October, 2009

Arkansas Court of Appeals outlines requirements for unjust enrichment claim when the parties already have a contract.

Posted in Contract Law, tagged on October 30, 2009 | Leave a Comment »

QHG of Springdale, Inc. v. Archer, No. CA07-1115. Dr. Ernest Archer, an OB/GYN, and his employer, QHG of Springdale (“QHG”), entered into a two-year employment contract in 2000.  In 2002, they entered into a second, five-year contract. Dr. Archer complained that QHG (1) repeatedly denied his requests for vacation and continuing medical education, (2) failed [...]

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Ninth Circuit upholds dismissal of civil rights lawsuit by man convicted of kidnap and rape because he produced no evidence of misconduct by police.

Posted in Civil Rights, tagged , , on October 23, 2009 | Leave a Comment »

After serving fourteen years in prison for a 1988 kidnapping and rape he did not commit time against a six-year-old girl, Leonard McSherry’s name was cleared by forensic evidence and the confession of the actual perpetrator. McSherry filed a civil rights lawsuit against the city of Long Beach, California, its police department, and two officers, [...]

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Fifth Circuit allows property owners to sue over pollution that elevated sea levels and worsened effects of Hurricane Katrina.

Posted in Constitutional Law, Environmental Law, Torts, tagged , on October 20, 2009 | Leave a Comment »

Following the Second Circuit decision in Connecticut v. AEP–which reinstated federal public nuisance claims of eight states, New York City, and three land trusts against six power companies over carbon dioxide emissions—the Fifth Circuit rejected a lower court’s findings that global-warming disputes are best resolved by the political branches of government. Instead, the court held [...]

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Fifth Circuit upholds ban of Confederate flag in school dress code.

Posted in Constitutional Law, First Amendment, tagged , , on October 14, 2009 | Leave a Comment »

Burleson High School (“BHS”) adopted a dress code barring students from displaying the Confederate flag in response to more than 50 race-related incidents since 2002. Because of a fight that broke out between BHS students and fans of a predominantly black high school before a basketball game, the Texas high-school athletics governing body considered sanctions [...]

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Eighth Circuit delivers “mixed bag” decision regarding qualified immunity of officers involved in death of Russellville man.

Posted in Constitutional Law, tagged , on October 8, 2009 | Leave a Comment »

Krout v. Goemmer, No. 08-2781. Facts At approximately 1:20 a.m., Sarah Lowrey walked into a Russellville gas station and asked the clerk to call the police because the man she was with, Bobby Joe Rylee, was agitated, needed sleep, and had a knife. Lowrey told the clerk Rylee had not threatened her. She returned to [...]

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Arkansas Supreme Court holds that enactment of corporate philosophy emphasizing profits over medical care is insufficient for personal liability.

Posted in Torts, tagged , , on October 5, 2009 | Leave a Comment »

Bayird v. Floyd, No. 08-1099. John Bayird, as administrator for the estate of his deceased mother, Mamie Elliott, filed a complaint against William Floyd and several Beverly entities related to Elliott’s care and treatment while she was a resident of a nursing home in Monticello. Floyd was the chief executive officer of Beverly during the relevant [...]

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Arkansas Court of Appeals holds that advice regarding legal matters may be sufficient for privity for malpractice action.

Posted in Probate Law, Torts, tagged , , , , on October 1, 2009 | 1 Comment »

Howard v. Adams, No. CA08-1190. Facts Relating to Bill Watkins In the latter part of 1998, Odis and Mabel Howard visited attorney Bill Watkins to obtain estate-planning services. Watkins drafted (1) a revocable trust to hold all of Otis’s and Mabel’s property and (2) a deed transferring Odis’s forty-six-acre tract of land to the trust. [...]

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