Civil Cases
Rental company's lien notice sufficiently described the service provided; discrepancy in amount claimed and final lien was not fatal
Ahern Rentals, Inc. v. Salter Construction -
2014 Ark.App. 423
Court of Appeals. August 27, 2014.
Circuit Court of Faulkner County,
Hon. Mike Maggio.
REVERSED AND REMANDED.
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Appeal from District Court was dismissed for failure to serve certified copy of docket sheet in strict compliance with Rule 9
Motor Cars of Nashville, Inc. v. Chronister -
2014 Ark.App. 430
Court of Appeals. August 27, 2014.
Appeal from the Circuit Court of Pope County,
Hon. Dennis Sutterfield.
APPEAL DISMISSED.
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Letter of Intent did not support suit for breach of contract or promissory estoppel; $105,865.61 attorney’s-fee award affirmed
FutureFuel Chemical Company v. Lonza, Inc -
13-1396
8th Circuit Court of Appeals. June 27, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
Hon. Susan Webber Wright.
AFFIRMED.
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Employer may unilaterally amend retiree health care benefits without violating ERISA
Windstream Corporation et al. v. Da Gragnano et al. -
13-1723
8th Circuit Court of Appeals. July 8, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
Hon. J. Leon Holmes .
AFFIRMED.
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Veteran with 100% VA disability rating was properly denied Social Security Disability Insurance Benefits
Smith v. Colvin -
13-2984
8th Circuit Court of Appeals. June 25, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
Hon. Jerome T. Kearney.
AFFIRMED.
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No notice to claimant on record of additional IQ Test means ALJ has not fully developed the record
Channell v. Colvin -
13-2533
8th Circuit Court of Appeals. June 25, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
REVERSED AND REMANDED.
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Prison doctor who failed to visually examine potentially infected surgery wound not deliberately indifferent; karate chop to nose that left no physical evidence of harm not excessive force
Jackson (Estate of Tucker) v. Buckman -
13-1156
8th Circuit Court of Appeals. June 27, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
Hon. Jerome T. Kearney.
AFFIRMED.
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Claim for flood insurance was denied based on failure to complete the correct form
McCarty v. Southern Farm Bureau -
13-2490
8th Circuit Court of Appeals. July 11, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
REVERSED AND REMANDED.
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SFIP Flood Insurance Claim not perfected because claimant did not fill out and sign Proof of Loss form
Stoner v. Southern Farm Bureau -
13-2488
8th Circuit Court of Appeals. July 11, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
REVERSED AND REMANDED.
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No duty to independent sign contractor who fell through a canopy; he was not forced to encounter the danger in order to perform the job
Pinson v. 45 Development, LLC -
13-3327
8th Circuit Court of Appeals. July 11, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
Hon. P.K. Holmes, III.
AFFIRMED.
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Parolee could not bring Section 1983 suit against his parole officer when his parole was revoked because it would have the effect of invalidating the revocation order
Newmy (Tony) v. Johnson -
13-2756
8th Circuit Court of Appeals. July 14, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
Hon. J. Leon Holmes .
AFFIRMED.
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Criminal Cases
Since XOP was on notice of the greater offense, he cannot claim surprise by the trial court's finding of a lesser-included offense
X.O.P. v. State of Arkansas -
2014 Ark. App. 424
Court of Appeals. August 27, 2014.
Appeal from Crawford County Circuit Court,
Hon. Michael Medlock.
AFFIRMED AS MODIFIED.
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Field sobriety tests did not violate driver's Fourth Amendment rights because the seizure was based upon probable cause; refusal to take breath test was independently relevant on the issue of intoxication
Tiller (Courtney) v. State of Arkansas -
2014 Ark. App. 431
Court of Appeals. August 27, 2014.
Appeal from the Washington County Circuit Court,
Hon. William A. Storey.
AFFIRMED.
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Little Rock police officer sentenced to 104 months’ imprisonment for aiding and abetting marijuana sales
United States v. Jones (Mark) -
13-3670
8th Circuit Court of Appeals. July 1, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
Hon. James M. Moody.
AFFIRMED.
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Affidavit was sufficient to support search warrant where affiant never dealt directly with the accused but purchased drugs from a middle man
United States v. Dukes (Caruthers) -
13-1159
8th Circuit Court of Appeals. July 10, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
Hon. James M. Moody.
AFFIRMED.
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A four-level reduction for prisoner escaped from prison camp – USSG § 2P1.1(b)(3) does not apply
United States v. Batts (Adrian) -
13-3796
8th Circuit Court of Appeals. July 10, 2014.
Appeal from the United States District Court for the Eastern District of Arkansas,
AFFIRMED.
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