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 [...]
Archive for the ‘Practice & Procedure’ Category
Eighth Circuit holds that a hostile work environment claim can exist absent a constructive discharge claim.
Posted in Civil Rights, Practice & Procedure, tagged Civil Rights, constructive discharge, hostile work environment on July 29, 2009 | 6 Comments »
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 abstention 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 [...]
Arkansas Supreme Court upholds statute allowing members of military to be free from civil service during duty.
Posted in Constitutional Law, Practice & Procedure, tagged separation of powers, service of process 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 [...]
California Supreme Court refuses to grant new trial for missed polling of juror.
Posted in Practice & Procedure, tagged jury irregularity on May 11, 2009 | Leave a Comment »
This case involved a motor vehicle collision between a motorcycle, driven by Scott Keener, and a truck, driven by Hector Solis. At the time of the collision, Solis was employed by Jeld-Wen Inc. Keener died in the accident. At trial, the jury found in favor of Keener. The judge polled the jury regarding the percentages [...]
Arkansas Supreme Court strikes portions of tort reform law as violating separation of powers.
Posted in Constitutional Law, Practice & Procedure, Torts, tagged Civil Justice Reform Act, separation of powers, tort reform on April 30, 2009 | 11 Comments »
Johnson v. Rockwell Automation, Inc., No. 08-1009. In February 2004, Darrell Johnson, an employee of Eastman Chemical Company, was injured while working on an Allen-Bradley starter bucket. The starter bucket was designed, manufactured, and supplied to Eastman by Rockwell Automation. Johnson brought suit in federal court, alleging that the safety interlock on the starter bucket [...]
Arkansas Court of Appeals uses doctrine of de minimis non curat lex to strike claim for post-judgment interest.
Posted in Practice & Procedure, tagged de minimis non curat lex, tender on April 22, 2009 | Leave a Comment »
Carder Buick-Olds Co. v. Wooten, No. CA08-898. In 1991, Carder sued Wooten related to the operation and sale of a used car business. The parties reached a proposed settlement in 1992, but Carder later stated that no settlement had been agreed upon. Wooten filed a motion to enforce the settlement, which the court granted in a [...]
Eighth Circuit holds recusal necessary because trial court directed multiple profanities at plaintiffs.
Posted in Constitutional Law, Ethics, Practice & Procedure on March 25, 2009 | 1 Comment »
Sentis Group, Inc. v. Shell Oil Co., Nos. 07-2308/2573/3162. Plaintiffs in this case operated Shell gas stations and convenience stores under contracts that required Shell to reimburse plaintiffs for some of the costs of maintaining retail gas operations. The case turned on how those costs were calculated. Plaintiffs claimed that Shell misrepresented how those calculations [...]
Arkansas Supreme Court holds that plaintiff with untreated schizophrenia may serve as class representative.
Posted in Practice & Procedure on March 20, 2009 | Leave a Comment »
Advance America Servicing of Arkansas, Inc. v. McGinnis, No. 08-992. Plaintiff sought to bring a class action against defendants for charging usurious interest and violating the Deceptive Trace Practices Act. Plaintiff suffered from schizophrenia, which she was unable to afford to treat, as well as anxiety and depression, for which she took prescription medication. At [...]
Arkansas Court of Appeals holds that patient must present to hospital for anti-dumping protection to apply.
Posted in Health Law, Practice & Procedure on March 19, 2009 | 2 Comments »
Thompson v. Sparks Regional Medical Center, No. CA 08-1050. Plaintiff suffered severe injuries to her foot during a motorcycle accident. She was taken to St. Edward Mercy Medical Center (“St. Edward”), which did not have plastic surgeon on call to assist in the repair of her foot. Plaintiff’s emergency room physician contacted the on-call plastic [...]
Eighth Circuit explains “beyond repair” requirement of breach of express warranty for future performances.
Posted in Contract Law, Practice & Procedure on March 19, 2009 | Leave a Comment »
Highway Sales, Inc. v. Blue Bird Corp., No. 07-3225. on July 31, 2003, plaintiffs purchased a Blue Bird Wanderlodge RV. From that date until July 2, 2004, the RV suffered from numerous problems. The RV underwent numerous repairs, but continued experiencing difficulties. On July 2, 2004, plaintiffs brought the RV back and sent a July [...]
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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.
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