Butcher v. Beatty, No. 09-1169. Thelma and John Healy were married in 1979. In 2006, a trial court found that Thelma was incapacitated and appointed Troy Butcher as guardian of Thelma’s person and Butcher and John as co-guardians of her estate. Butcher later filed a motion to sell the couple’s rental property held as tenants [...]
Archive for March, 2010
Arkansas Supreme Court overturns Arkansas Court of Appeals, holding that specific performance cannot compel performance of couple’s agreement after husband’s death.
Posted in Contract Law, Family Law, Property Law, tagged right of survivorship, specific performance, tenants by the entirety on March 31, 2010 | Leave a Comment »
Fifth Circuit reverses holding that Texas failed to provide equal educational opportunities to Mexican-American students.
Posted in Constitutional Law, Education Law, tagged Equal Education Opportunity Act on March 25, 2010 | 1 Comment »
In 2006, G.I. Forum and LULAC, two groups representing Mexican-American students, challenged Texas Education Agency’s bilingual program, claiming it violated the Equal Educational Opportunity Act (“EEOA”), which requires a state agency “to take appropriate action to overcome language barriers.” They asserted that Texas denied equal educational opportunities to Mexican-American students. The trial court agreed that [...]
Arkansas Supreme Court clarifies when an insurer must show prejudice from an insured’s failure to provide timely notice of a claim.
Posted in Contract Law, Insurance Law, tagged notice requirement, prejudice, condition precedent, coverage on March 18, 2010 | 1 Comment »
Fireman’s Fund Insurance Company v. Care Management, Inc., No. 09-662. In June 2006, Care Management, Inc. (“Care Management”), was sued for negligence, medical malpractice, and wrongful death. In September 2008, Care Management’s attorney notified Care Management’s insurers that the case was set for trial on October 7, 2006, provided them with a copy of the [...]
Arkansas Court of Appeals rejects repair doctrine to toll statute of limitations for construction defects.
Posted in Construction Law, Practice & Procedure, tagged construction defect, installation defect, product defect, repair doctrine, statute of limitations on March 17, 2010 | 3 Comments »
Carlson v. Kelso Drafting & Design, Inc., No. CA08-1327. Bill and Jane Carlson hired Kelso Drafting & Design, Inc. (“Kelso”) to design and construct a custom-built home, including a concrete-tile roof. Kelso hired a roofing company to install the roof. Construction was completed in 2002. After the Carlsons moved into the home, they noticed leaking [...]
New York judge critical of state’s “attempt” to provide integrated housing for individuals with mental illness living in New York City.
Posted in Disability Law, Health Law, tagged Americans with Disabilities Act, Rehabilitation Act on March 2, 2010 | Leave a Comment »
In 2003, Disability Advocates, a nonprofit legal group, sued New York Governor David Patterson, the state’s Department of Health and Mental Health, and other defendants “on behalf of individuals with mental illness residing in, or at risk of entry into, ‘impacted adult homes’ in New York City.” The complaint alleged that adult homes are for-profit, [...]
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