Thorn v. Pierson, No. CA10-229. In 2002, Noble Vance Pierson was a woman in her seventies with a sizable estate and three children, Dale, Leslie, and Sandra. One of the brothers, Leslie, lived in a trailer on Mrs. Pierson’s three-acre home property, and she intended that he should receive that property upon her death. Mrs. [...]
Archive for the ‘Contract Law’ Category
Arkansas Court of Appeals explains dominance necessary in confidential relationship to give rise to presumption of undue influence.
Posted in Contract Law, tagged confidential relationship, undue influence on March 22, 2011 | Leave a Comment »
Ninth Circuit upholds $250,000 verdict against debt-collection firm for emotional distress.
Posted in Consumer Protection, Contract Law, Practice & Procedure, tagged debt collection, statute of limitations on March 7, 2011 | Leave a Comment »
Tim McCollough sued Johnson, Rodenburg & Lauinger, a debt-collection law firm, for pursuing his credit card bet after the statute of limitations had expired. McCollough claimed that he and his wife fell behind in paying their credit card bills after he suffered a brain injury while working as a school custodian and his wife underwent [...]
Arkansas Supreme Court holds that attorney discharged for cause is entitled only to reasonable value for her services.
Posted in Contract Law, tagged attorney fees, quantum meruit, unjust enrichment on February 16, 2011 | Leave a Comment »
Harrill & Sutter, PLLC v. Kosin, No. 10-518. Facts Cynthia Kosin’s husband, John Robert Kosin, died in March 2003. At the time of his death, Mr. Kosin resided in Arkansas, his estate included properties and business interests in several states, and he has numerous tax difficulties. Under the will, Mrs. Kosin was to receive (1) [...]
Eighth Circuit finds that subcontractor accepted general contractor’s counteroffer by fulfilling the other terms of the subcontract.
Posted in Construction Law, Contract Law, tagged acceptance, counteroffer, offer on August 5, 2010 | 5 Comments »
John T. Jones Construction Co. v. Hoot General Construction Co., Inc., No. 09-1493. Facts The Des Moines Metropolitan Wastewater Reclamation Authority (“WRA”) solicited bids for restoration of one of its wastewater treatment facilities. The project specifications required that liners be installed in the wastewater holding tanks to prevent erosion of the concrete interiors of those [...]
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 »
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 [...]
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 explains that a contract is severable when different parts of performance are individually priced.
Posted in Construction Law, Contract Law, tagged land purchase contract, real estate development, severability on January 7, 2010 | 1 Comment »
Elder Construction Co. v. Ivey Lane, LLC, No. CA09-63. In 2003, Elder Construction Company (“Elder”) and Ivey Lane, LLC (“Ivey Lane”), entered into a contract for Elder to purchase sixteen unimproved residential lots in the Enclave Subdivision of Springdale from Ivey Lane for a total purchase price of $1,282,400. Each of the lots available in [...]
Arkansas Court of Appeals outlines requirements for unjust enrichment claim when the parties already have a contract.
Posted in Contract Law, tagged unjust enrichment 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 [...]
Post-nuptial agreement regarding "indiscretions" is void.
Posted in Contract Law, Family Law, tagged post-nuptial agreement on July 28, 2009 | 2 Comments »
In 2000, Vergestine Cooper discovered that Bernard, her husband of twenty-eight years, was having an affair. In order to save their marriage, Bernard signed a contract to pay Vergestine $2,600 if his indiscretions led to a permanent breakdown of the marriage. In 2005, Bernard disappeared, and Vergestine learned that he had continued the affair. During [...]
Arkansas Court of Appeals explains that contract claims, even though couched as tort claims, are subject to arbitration.
Posted in Arbitration, Contract Law, Torts, tagged Arbitration, Arkansas Deceptive Trade Practices Act, Arkansas Uniform Arbitration Act on April 10, 2009 | Leave a Comment »
CEI Engineering Associates, Inc. v. Elder Construction Co., No. CA 08-601. In 2005, Elder Construction Company (“Elder”) contracted with CEI Engineering Associates, Inc. (“CEI”), to perform engineering services related to six construction projects. Under the contract, the parties agreed to settle all claims regarding “interpretation, application or enforcement” of the contract through binding arbitration. In [...]
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- Ninth Circuit upholds $250,000 verdict against debt-collection firm for emotional distress.
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