Arkansas Case Commentaries

Affirmation of Director Removal in Closely Held Corporations for Gross Abuse of Discretion

Date: Dec 17, 2004

Affirmation of Director Removal in Closely Held Corporations for Gross Abuse of Discretion Introduction The case of Joe Alan Taylor, Jr. and Steve Hufstedler v. Michael Hinkle and Beiife, Inc. (360...

Strict Construction of Ark. R. Civ. P. 4(i): Good Cause Must Be Shown Prior to Extension of Service of Process

Date: Dec 3, 2004

Strict Construction of Ark. R. Civ. P. 4(i): Good Cause Must Be Shown Prior to Extension of Service of Process Introduction The Supreme Court of Arkansas, in the case of Louise A. Henyan and Robert...

Aerial Spraying of Common Herbicides Not Considered Ultrahazardous: An Analysis of Mangrum v. Pigue

Date: Nov 12, 2004

Aerial Spraying of Common Herbicides Not Considered Ultrahazardous: An Analysis of Mangrum v. Pigue Introduction Mangrum v. Pigue is a pivotal case decided by the Supreme Court of Arkansas on...

Comprehensive Commentary on Shipley, Inc. v. Fletcher: Broad Interpretation of Arkansas' Harmful Material Statute

Date: Oct 22, 2004

Comprehensive Commentary on Shipley, Inc. v. Fletcher: Broad Interpretation of Arkansas' Harmful Material Statute Introduction Shipley, Inc., d/b/a That Bookstore in Blytheville v. Fletcher is a...

Adoption of Anders Procedures in Termination of Parental Rights Appeals: Linker-Flores v. Arkansas Department of Human Services

Date: Oct 8, 2004

Adoption of Anders Procedures in Termination of Parental Rights Appeals: Linker-Flores v. Arkansas Department of Human Services Introduction Linker-Flores v. Arkansas Department of Human Services is...

Clarifying Contempt: The Distinction Between Civil and Criminal in Omni Holdings v. 3D.S.A., Inc.

Date: Mar 26, 2004

Clarifying Contempt: The Distinction Between Civil and Criminal in Omni Holdings v. 3D.S.A., Inc. Introduction The case of Omni Holding and Development Corporation and Tom Papachristou v. 3D.S.A.,...

Reaffirming Attorney Accountability in Timely Appeal Filings – Randolph McDonald v. State of Arkansas

Date: Mar 5, 2004

Reaffirming Attorney Accountability in Timely Appeal Filings – Randolph McDonald v. State of Arkansas Introduction The case of Randolph McDonald v. State of Arkansas (356 Ark. 106) serves as a...

Exceeding Restraint in Sexual Offenses: Insights from Moore v. State of Arkansas

Date: Jan 30, 2004

Exceeding Restraint in Sexual Offenses: Insights from Moore v. State of Arkansas Introduction Moore v. State of Arkansas (355 Ark. 657), adjudicated by the Supreme Court of Arkansas on January 29,...

Affirmation of Employer Responsibility for Initial Physician Visit in One-Time Change Under Ark. Code Ann. § 11-9-514(a)(3)(A)(ii)

Date: Jul 31, 2003

Affirmation of Employer Responsibility for Initial Physician Visit in One-Time Change Under Ark. Code Ann. § 11-9-514(a)(3)(A)(ii) Introduction The case of WAL-MART STORES, INC., Employer and Claims...

Strict Adherence to Statutory Procedures in Death Penalty Sentencing: Randy L. Anderson v. State of Arkansas

Date: Jul 4, 2003

Strict Adherence to Statutory Procedures in Death Penalty Sentencing: Randy L. Anderson v. State of Arkansas Introduction Randy L. Anderson v. State of Arkansas is a pivotal case decided by the...

Broad Construction of 'Arising Out Of' in Underinsured Motorist Insurance Policies: Hisaw v. State Farm

Date: Jun 20, 2003

Broad Construction of 'Arising Out Of' in Underinsured Motorist Insurance Policies: Hisaw v. State Farm Introduction Glenn Hisaw and Elizabeth Hisaw, a husband and wife team, appealed a summary...

Constructive Possession and Substantial Evidence Affirmed: Arkansas Supreme Court in Walley v. State

Date: Jun 13, 2003

Constructive Possession and Substantial Evidence Affirmed: Arkansas Supreme Court in Walley v. State Introduction The landmark case of Johnny Walley v. State of Arkansas (353 Ark. 586), adjudicated...

Statute of Limitations and Extrinsic Fraud in Annulment of Adoption: Insights from McAdams v. McAdams

Date: Jun 6, 2003

Statute of Limitations and Extrinsic Fraud in Annulment of Adoption: Insights from McAdams v. McAdams Introduction McAdams v. McAdams (353 Ark. 494), adjudicated by the Supreme Court of Arkansas on...

Enhancements in Directed Verdict Procedures and Lesser-Included Offense Instructions: Eric Z. Grillot v. State of Arkansas

Date: May 23, 2003

Enhancements in Directed Verdict Procedures and Lesser-Included Offense Instructions: Eric Z. Grillot v. State of Arkansas Introduction Eric Z. Grillot v. State of Arkansas (353 Ark. 294) is a...

Affirmation of Reasonable Suspicion and Pat-Down Searches under Arkansas Criminal Procedure: Davis v. Arkansas (351 Ark. 406, 2003)

Date: Jan 10, 2003

Affirmation of Reasonable Suspicion and Pat-Down Searches under Arkansas Criminal Procedure Lee Roy DAVIS v. STATE of Arkansas, 351 Ark. 406 (2003) Introduction Lee Roy DAVIS v. STATE of Arkansas is...

Clarification on Temporary Total Disability Benefits and 'Return to Work' in Arkansas Workers' Compensation Law: Poulan Weed Eater v. Loretta Marshall

Date: Sep 19, 2002

Clarification on Temporary Total Disability Benefits and 'Return to Work' in Arkansas Workers' Compensation Law: Poulan Weed Eater v. Loretta Marshall Introduction The case of Poulan Weed Eater v....

Arkansas Civil Rights Act Limits 'Disability' to Actual Impairments, Excludes Those 'Regarded As' Disabled

Date: Apr 12, 2002

Arkansas Civil Rights Act Limits 'Disability' to Actual Impairments, Excludes Those 'Regarded As' Disabled Introduction The case Sherry C. Faulkner v. Arkansas Children's Hospital et al. (347 Ark....

Admissibility of Prior Inconsistent Statements and Prosecutorial Conduct: Insights from THREADGILL v. STATE

Date: Mar 15, 2002

Admissibility of Prior Inconsistent Statements and Prosecutorial Conduct: Insights from THREADGILL v. STATE Introduction Marcus Threadgill was convicted in the Miller County Circuit Court of...

Arkansas Supreme Court Establishes Two-Prong Test for Exemption of Disability Settlements from Marital Property in Divorce Cases

Date: Jan 18, 2002

Arkansas Supreme Court Establishes Two-Prong Test for Exemption of Disability Settlements from Marital Property in Divorce Cases Introduction The case Martha COLLINS v. Cornelius COLLINS (347 Ark....

Expanded Duty to Defend in Insurance Policies Under Pollution Exclusions: Arkansas Supreme Court Establishes New Precedent

Date: Jan 11, 2002

Expanded Duty to Defend in Insurance Policies Under Pollution Exclusions: Arkansas Supreme Court Establishes New Precedent Introduction The Supreme Court of Arkansas delivered a pivotal decision on...