Civil Cases
Arbitration agreement in cell phone contracts was unenforceable due to lack of mutuality
Alltel Corp. v. Rosenow -
2014 Ark. 375
Supreme Court of Arkansas. September 18, 2014.
Circuit Court of Saline County,
Hon. Grisham Phillips.
AFFIRMED ON DIRECT APPEAL; CROSS-APPEAL MOOT.
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Defense verdict in medical malpractice case affirmed
Hartman v. Edwards -
2014 Ark.App.480
Court of Appeals. September 17, 2014.
Circuit Court of Crawford County,
Hon. Michael Medlock.
AFFIRMED.
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Seller of real property should not have leased mineral rights; damages should not have been determined by summary judgment
Overturff v. Read -
2014 Ark.App. 473
Court of Appeals. September 17, 2014.
Circuit Court of Faulkner County,
Hon. Mike Maggio.
AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
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The test for scope of employment is whether the injury occurred within the time and space boundaries of the employment, when the employee was carrying out the employer's purpose or advancing the employer's interest directly or indirectly
William Curtis v. Michael Lemna -
2014 Ark. 377
Arkansas Supreme Court. September 18, 2014.
Arkansas Workers' Compensation Commission,
ALJ.
AFFIRMED; COURT OF APPEALS' OPINION VACATED.
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A trial judge may comment on the evidence so long as he does so fairly and impartially, and he may express his opinion upon the facts so long as he makes it clear to the jury that all matters of fact are submitted to their determination
Michael Reed v. Malone's Mechanical, Inc -
13-1026
8th Circuit Court of Appeals. August 29, 2014.
Western District of Arkansas,
Hon. P. K. Holmes, III.
AFFIRMED.
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Loss of contract dispute does not rule out attorney fees in successful Deceptive Trade Practices Claim
G&K Services Co., Inc. v. Bill's Super Foods, Inc. -
13-2919
8th Circuit Court of Appeals. September 5, 2014.
Eastern District of Arkansas,
Hon. Joe Volpe.
AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
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Jury verdict for defendant reversed as being against the weight of the evidence in loan foreclosure case
Bank of America v. Hanna -
12-3239
8th Circuit Court of Appeals. September 8, 2014.
Eastern District of Arkansas,
Hon. Brian Miller.
REVERSED AND REMANDED.
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Criminal Cases
Under 404(b), evidence is admissible under the Res Gestae exception to establish facts and circumstances surrounding the commission of an offense
Terry Detherow v. State of Arkansas -
2014 Ark.App. 478
Court of Appeals. September 17, 2014.
Pulaski County Circuit Court, First Division,
Hon. Leon Johnson.
AFFIRMED.
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Not every reference to post-Miranda silence violates Due Process
Ray Dansby v. Ray Hobbs -
10-1990
8th Circuit Court of Appeals. September 5, 2014.
Western District of Arkansas,
AFFIRMED IN PART; VACATED DISMISSAL OF CLAIMS II, III; AND REMANDED FOR FURTHER PROCEEDINGS.
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