$550,000.00 settlement property diminution from toxic spill
Practice Area: Environmental Date: June 2014 Outcome: Settlement $550,000.000 Description: Plaintiff’s property was damaged by petroleum spill. Property was cleaned up and received no further action letter, but plaintiff asserted diminution from remaining contaminates.
Practice Area: Personal Injury Date: Jan 04, 2012 Outcome: Judgment for $417,000.000 Description: Plaintiff injured at resort due to faulty stairwell.
Practice Area: Banking Date: Sep 15, 2010 Outcome: Trial Court dismissed under principles of collateral estoppel. First Horizon dismissed appeal and paid Bank of Fayetteville’s fees. Description: Bank held mortgage behind First Horizon. Initial suit dismissed with prejudice because objections to evidence were sustained. First Horizon brought second suit, which was defended under defense of res judicata.
Practice Area: Defective / Dangerous Products Date: Feb 10, 2010 Outcome: Confidential settlement Description: client injured on a motorized wheelbarrow. Hand controls were used to engage the machine. Plaintiff’s expert determined there was a flaw in design of machine.
Practice Area: Wrongful Death Date: Jan 01, 2008 Outcome: Suit filed, confidential settlement Description: child killed when struck by vehicle. Design of parking lot in residential complex fostered speeding by drivers in area where children were present and difficult to detect.
Practice Area: Medical Malpractice Outcome: Settled Description: Negligence of health care provider leads to confidential settlement for death of an infant.
Objecting in Bankruptcy to Discharge of an intentional tort
Hathorn v. Petty, U.S. Bankruptcy Appellate Panel for the Eight Circuit; No. 13-6002 (May 2013).
Appeal of bankruptcy court’s order granting motion to dismiss adversary proceeding as untimely. The Bankruptcy Appellate Panel (BAP) concluded that since there was no deadline to file a complaint under 11 U.S.C. 523(a)(3)(B), Plaintiffs had the right to proceed with their complaint to try to prove that they held a debt of a kind described in section 523(a)(6). BAP reversed the bankruptcy court’s order.
Internet Jurisdiction Case
Morris v. Christopher, 2013 Ark. App. 312, 2013 Ark. App. LEXIS 318, 2013 WL 1919585 (Ark. Ct. App. 2013)
A resident of Hawaii was sued by a resident of Arkansas for defamation. Court found that the exchange of an email between Hawaii resident and resident of Mississippi regarding the Plaintiff did not meet the minimum-contacts test. The email originated in Hawaii and was sent to Defendant’s family in Mississippi. The exercise of jurisdiction would offend traditional notions of fair play and substantial justice and would result in the Defendant being hauled into Arkansas solely as a result of random, fortuitous, or attenuated contacts.