After he was arrested and later released without charge, Illinois resident Bruce Williams filed suit against four officers, alleging Fourth Amendment violations. According to Williams, the officers arrested him without probable cause and proceeded to assault him, causing facial scars that made it impossible for him to follow his vocation of cosmetologist/educator. Williams was allowed [...]
Archive for the ‘Practice & Procedure’ Category
Seventh Circuit holds that indigent plaintiff’s lawsuit should not have been dismissed solely because he was unable to pay a court-imposed sanction.
Posted in Constitutional Law, Fourth Amendment, Practice & Procedure, tagged in forma pauperis; sanctions on September 26, 2011 | Leave a Comment »
Tenth Circuit allows Utah continued control of trust property held by Warren Jeffs and polygamist sect.
Posted in Practice & Procedure, Property Law, Trusts & Estates, tagged trusts on April 29, 2011 | Leave a Comment »
In recent years, Warren Jeffs, incarcerated leader of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, has been charged with bigamy, sexual assault, and rape in multiple states. The $110 million trust for the polygamist sect owns more than 700 houses, farms, dairies, and other businesses on land in two communities along the Arizona-Utah [...]
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 [...]
Eighth Circuit refuses to apply “look through” approach to §4 petitions to compel arbitration under the FAA based on diversity jurisdiction.
Posted in Arbitration, Practice & Procedure, tagged diversity jurisdiction, Federal Arbitration Act on May 17, 2010 | 3 Comments »
Northpoint Health Services of Arkansas, LLC v. Wayne Rutherford & Tresa Robinson, Nos. 09-2433 & 09-2435. Wayne Rutherford and Tresa Robinson, as representatives of Isaac Rutherford and Donna Faye Snow, respectively, brought separate state actions against nursing home facilities in Fayetteville and Springdale, Arkansas, that were operated by Northpoint Health Services of Arkansas, LLC (“Northpoint”) [...]
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 [...]
Arkansas Court of Appeals holds that attorney for incompetent person is not entitled to attorney’s fees for challenge of guardianship.
Posted in Family Law, Practice & Procedure, Probate Law, tagged attorney fees, guardianship, incompetent person on January 14, 2010 | 1 Comment »
In re: the Estate of Mary Elizabeth Reimer, incompetent, No. CA09-770. In 2004, George Reimer petitioned for guardianship over his wife, Mary Elizabeth Reimer. The trial court found Mrs. Reimer incompetent and appointed Mr. Reimer as guardian over her person. Two years later, Mr. Reimer moved to change guardians, and Karen Hunter, Mrs. Reimer’s daughter, [...]
Arkansas Supreme Court holds that savings statute applies even if service of complaint and summons is defective.
Posted in Practice & Procedure, tagged savings statute, statute of limitations on January 8, 2010 | Leave a Comment »
Rettig v. Ballard, No. 09-361. According to his complaint, Jimmy Rettig’s vehicle was rear-ended by a truck owned by Mississippi Coast Carrier and driven by Alton Ballard. Rettig filed his complaint on January 23, 2008, and had two summonses issued to the defendants on February 22, 2008, and February 29, 2008, respectively. Although defendants were [...]
Arkansas Supreme Court holds that service of process of a complaint is not invalid merely because it is unsigned.
Posted in Practice & Procedure, tagged Rule 11, Rule 4, service of process on November 6, 2009 | 3 Comments »
Jones v. Turner, No. 08-1438. In this collection action, Guy Jones filed a complaint in the Faulkner County Circuit Court against J. Eric Turner and Carco of Arkansas, Inc. (“Carco”), on March 31, 2008. Turner and Carco filed a motion to dismiss, arguing that, while the complaint filed in the Faulkner County Circuit Court had [...]
Reference to McDonald’s coffee case is shorthand for excessive damages.
Posted in Practice & Procedure, Torts, tagged compensatory damages, McDonald's coffee case on September 11, 2009 | 1 Comment »
Kerry Christensen drove his car through a grocery store parking lot and hit pedestrian John Boyle. When Boyle sued Christensen, Christensen admitted liability. A jury trial was held to determine damages. During closing argument, Christensen’s counsel stated the following: How many days has it been since the accident? How many days for the rest of [...]
Arkansas Court of Appeals adopts Eighth Circuit standard that use of peremptory challenge does not establish prejudice.
Posted in Practice & Procedure, tagged peremptory strike on September 2, 2009 | Leave a Comment »
Burdick v. Little Switzerland Realty, Inc., No. CA 08-1445. At the jury trial of this slip-and-fall case, Linda Burdick’s counsel questioned three potential jurors during voir dire. Each juror explained that he or she would likely be biased for defendants and could not state with certainty that he or she would follow the trial court’s [...]
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Recent Posts
- Seventh Circuit holds that indigent plaintiff’s lawsuit should not have been dismissed solely because he was unable to pay a court-imposed sanction.
- Ninth Circuit finds that government failed to properly consider the potential impact an increase in Medicare co-payments would have on economically vulnerable Arizonans.
- Fifth Circuit holds that a school district can be held liable for allowing an unauthorized stranger to remove and then sexually abuse a student.
- Utah Court of Appeals holds that “religious” tattoo parlor not exempt from paying unemployment insurance.
- Third Circuit holds that plaintiffs lack standing to challenge individual mandate provision of health care reform because they have no current injury.
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Top Posts
- Ninth Circuit upholds $250,000 verdict against debt-collection firm for emotional distress.
- Eighth Circuit explains the difference between emotional disturbance and social maladjustment under the IDEA.
- Arkansas Court of Appeals holds that a successful plaintiff may seek attorney fees under Ark. Code Ann. § 23-79-209, even if declaratory judgment was sought as a counterclaim.
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