Arkansas Case Commentaries

Termination of Trusts: Aycock Pontiac, Inc. v. James Hervey Aycock Jr. Establishes Standards for Trust Revocation and Interpretation

Date: Dec 22, 1998

Termination of Trusts: Aycock Pontiac, Inc. v. James Hervey Aycock Jr. Establishes Standards for Trust Revocation and Interpretation Introduction The case of Aycock Pontiac, Inc., James H. Aycock...

Actual Dependency Requirement Affirmed in Workers' Compensation Death Benefits

Date: Dec 4, 1998

Actual Dependency Requirement Affirmed in Workers' Compensation Death Benefits Introduction In the landmark case of Lawhon Farm Services, et al. v. James R. Brown (984 S.W.2d 1), adjudicated by the...

Carpal Tunnel Syndrome Recognized as Per Se Compensable Injury under Arkansas Workers' Compensation Act

Date: May 22, 1998

Carpal Tunnel Syndrome Recognized as Per Se Compensable Injury under Arkansas Workers' Compensation Act Introduction The case of Lilly KILDOW v. BALDWIN PIANO ORGAN (97-828) addressed a pivotal issue...

Affirmation of Summary Judgment in Limited Partner's Individual Action: Establishing the Necessity of Derivative Suits for Injuries Primarily to the Partnership

Date: May 15, 1998

Affirmation of Summary Judgment in Limited Partner's Individual Action: Establishing the Necessity of Derivative Suits for Injuries Primarily to the Partnership Introduction In the landmark case of...

Hames and Robinson v. Cravens: Affirming Standards for Derivative Actions in Arkansas

Date: Apr 10, 1998

Hames and Robinson v. Cravens: Affirming Standards for Derivative Actions in Arkansas Introduction In the landmark case of Pat Hames and Ben Robinson v. Marybeth Cravens (332 Ark. 437), decided on...

Balancing Public Interest and Personal Privacy in FOI Requests: The Stilley v. McBride Precedent

Date: Mar 20, 1998

Balancing Public Interest and Personal Privacy in FOI Requests: The Stilley v. McBride Precedent Introduction Oscar Stilley v. Wanda McBride, 332 Ark. 306 (1998), is a pivotal case adjudicated by the...

Defining the Scope of Medical Evidence in Workers' Compensation – Stephens Truck Lines v. Millican

Date: Sep 18, 1997

Defining the Scope of Medical Evidence in Workers' Compensation – Stephens Truck Lines v. Millican Introduction Parties Involved: Appellant: Stephens Truck Lines Appellee: Robert Millican Background:...

Reaffirming the 'Clear and Convincing Evidence' Standard and Child Welfare Prioritization in Termination of Parental Rights: J.T. v. Arkansas DHS

Date: Jul 1, 1997

Reaffirming the 'Clear and Convincing Evidence' Standard and Child Welfare Prioritization in Termination of Parental Rights: J.T. v. Arkansas DHS Introduction The case of J.T. v. Arkansas Department...

Strict Construction of Consent in Adoption Statutes Upheld in King v. Lybrand

Date: Jun 24, 1997

Strict Construction of Consent in Adoption Statutes Upheld in King v. Lybrand Introduction In In the Matter of the Adoption of Kristen Dyan Lybrand; John Wesley King v. Sharon Lybrand, 329 Ark. 163...

Defining "Employment Services" in Workers' Compensation: Olsten Kimberly Quality Care v. Cheri Pettey

Date: May 6, 1997

Defining "Employment Services" in Workers' Compensation: Olsten Kimberly Quality Care v. Cheri Pettey Introduction The Supreme Court of Arkansas, in the landmark decision Olsten Kimberly Quality Care...

Reasonable Suspicion from Marijuana Odor: Alton Le v. Brunson and Its Implications

Date: Mar 18, 1997

Reasonable Suspicion from Marijuana Odor: Alton Le v. Brunson and Its Implications Introduction Alton Le v. Brunson is a pivotal 1997 decision by the Supreme Court of Arkansas that addressed the...

Strict Enforcement of Clear Policy Exclusions Upheld in Smith v. Shelter Mutual

Date: Feb 11, 1997

Strict Enforcement of Clear Policy Exclusions Upheld in Smith v. Shelter Mutual Introduction In the landmark case of Judy Smith v. Shelter Mutual Insurance Company, 327 Ark. 208 (Ark. Supreme Court,...

Echols and Baldwin v. State of Arkansas: Upholding Substantial Evidence and Procedural Standards

Date: Dec 24, 1996

Comprehensive Commentary on Echols and Baldwin v. State of Arkansas (1996) Introduction Damien Wayne Echols and Charles Jason Baldwin were convicted of the capital murders of three eight-year-old...

Defining Prime Contractor Status under Arkansas Workers' Compensation: Nucor-Yamato Steel Co. v. Rinkines

Date: Oct 8, 1996

Defining Prime Contractor Status under Arkansas Workers' Compensation: Nucor-Yamato Steel Co. v. Rinkines Introduction The case of NUCOR HOLDING CORPORATION and Yamato Holding Corporation d/b/a...

Jordan v. Tyson Foods: Affirmation of Workers' Compensation Denial Standards

Date: Dec 7, 1995

Jordan v. Tyson Foods: Affirmation of Workers' Compensation Denial Standards Introduction Jack Jordan v. Tyson Foods, Inc. is a pivotal case adjudicated by the Court of Appeals of Arkansas, En Banc...

Arkansas Supreme Court Affirms Protection of Minor’s Right to Continuing Child Support Over ARCP Rule 41

Date: Nov 7, 1995

Arkansas Supreme Court Affirms Protection of Minor’s Right to Continuing Child Support Over ARCP Rule 41 Introduction In the landmark case of Erwin L. Davis v. Office of Child Support Enforcement...

Substantial Evidence Standard in Workers' Compensation: Insights from Morelock v. Kearney Company

Date: Mar 9, 1995

Substantial Evidence Standard in Workers' Compensation: Insights from Morelock v. Kearney Company Introduction Bobby Morelock v. Kearney Company is a pivotal 1995 decision by the Court of Appeals of...

Arkansas Supreme Court Establishes 'Design-Based' Definition of Handgun in Juvenile Possession Cases

Date: Nov 1, 1994

Arkansas Supreme Court Establishes 'Design-Based' Definition of Handgun in Juvenile Possession Cases Introduction The case of S.T. and C.B. v. STATE of Arkansas (318 Ark. 499) adjudicated by the...

Suppression of Confessions Due to Arraignment Delays: Michael Clay v. State of Arkansas

Date: Nov 1, 1994

Suppression of Confessions Due to Arraignment Delays: Michael Clay v. State of Arkansas Introduction Michael Clay v. State of Arkansas, 318 Ark. 122 (1994), is a pivotal case decided by the Supreme...

Sufficiency of Ballot Titles: Arkansas Supreme Court Establishes Standards for Material Omissions and Misleading Information

Date: Oct 15, 1994

Sufficiency of Ballot Titles: Arkansas Supreme Court Establishes Standards for Material Omissions and Misleading Information Introduction In the landmark case R. Robert Bailey and Ed H. Smith v. W.J....