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Archive for the ‘Practice & Procedure’ Category

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 , on May 17, 2010 | 2 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”) [...]

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Arkansas Court of Appeals rejects repair doctrine to toll statute of limitations for construction defects.

Posted in Construction Law, Practice & Procedure, tagged , , , , on March 17, 2010 | 2 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 [...]

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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 , , 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, [...]

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Arkansas Supreme Court holds that savings statute applies even if service of complaint and summons is defective.

Posted in Practice & Procedure, tagged , 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 [...]

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Arkansas Supreme Court holds that service of process of a complaint is not invalid merely because it is unsigned.

Posted in Practice & Procedure, tagged , , 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 [...]

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Reference to McDonald’s coffee case is shorthand for excessive damages.

Posted in Practice & Procedure, Torts, tagged , 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 [...]

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Arkansas Court of Appeals adopts Eighth Circuit standard that use of peremptory challenge does not establish prejudice.

Posted in Practice & Procedure, tagged 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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Eighth Circuit holds that a hostile work environment claim can exist absent a constructive discharge claim.

Posted in Civil Rights, Practice & Procedure, tagged , , on July 29, 2009 | 6 Comments »

Winspear v. Community Development, Inc., No. 08-2041. In 1999, Zachary Winspear’s brother, Logan, committed suicide.  The brothers had been very close, and Winspear had difficulty with Logan’s suicide, even contemplating suicide himself.  The brothers had been close, in part, because of their strict religious upbringing and rejection of organized religion.  In March 2003, Winspear began [...]

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Eighth Circuit explains that same project and contractual relationship do not make cases "parallel" for abstention purposes.

Posted in Constitutional Law, Jurisdiction, Practice & Procedure, tagged on July 24, 2009 | 1 Comment »

Fru-Con Construction Corp. v. Controlled Air, Inc., No. 08-1712. Fru-Con Construction Corporation and Austin Maintenance and Construction, Inc. (collectively “Fru-Con”), hired Controlled Air to construct the gain receiving, storage, and milling system for an ethanol production facility in Ravenna, Nebraska.  The parties entered into a contract that required all disputes (1) be brought in Missouri [...]

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Arkansas Supreme Court upholds statute allowing members of military to be free from civil service during duty.

Posted in Constitutional Law, Practice & Procedure, tagged , on June 4, 2009 | 5 Comments »

Cato v. Craighead County Cir. Ct., No. 09-4. In 2007, Kevin Lawrence filed a lawsuit in Craighead County Circuit Court against Barrett Cato and other defendants relating to the firing of a gun, which struck Lawrence in the abdomen.  Lawrence was able to serve Cato with a summons and complaint while he was on uniformed [...]

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