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Arkansas Medical Malpractice Law
 
EDWARD JOSEPH REYNOLDS V. STATE OF ARKANSAS

Edward Joseph Reynolds appeals a jury’s verdict finding him guilty of kidnapping
and aggravated assault. He was sentenced as a habitual offender to consecutive sentences of
life imprisonment and fifteen years’ imprisonment, respectively. On appeal, Reynolds
contends that the circuit court erred by (1) denying his directed-verdict motions on both
charges; (2) allowing the vict... More...
   $0 (05-22-2016 - AR)

Quarles v. Courtyard Gardens Health and Rehabilitation LLC

The record reflects that Bennie Jean Quarles, the decedent, was a resident of
Courtyard Gardens, a long-term-care facility in Arkadelphia, from June 2009 to March
2010, when she transferred to another nursing home. On June 4, 2010, Bennie Jean
purportedly executed a durable power of attorney in favor of her son, Kenny Quarles. On
January 27, 2011, Kenny, as “Power of Attorne... More...
   $0 (03-26-2016 - AR)

Gray v. White River Health Sys. Inc.

This appeal stems from a medical-malpractice action filed by appellant, Carolyn Gray,
against Doctors’ Anatomic Pathology Services, P.A., Dr. Stephen Locke, ten John Doe
defendants, and appellees, White River Health System, Inc. d/b/a White River Medical
Center, and its insurer Continental Casualty Company (appellees hereinafter collectively
referred to as “WRMC”). In her suit fil... More...
   $0 (02-29-2016 - AR)

STATE OF ARKANSAS V. BRANDON E. LACY

Brandon Lacy was convicted of capital murder and sentenced to death. We affirmed
on direct appeal. Lacy then filed a Rule 37.5 petition wherein he alleged ineffective
assistance of counsel. The circuit court granted Lacy a new sentencing hearing after finding
that defense counsel’s performance had been inadequate. The State has appealed from this
order. In addition, Lacy has cr... More...
   $0 (02-04-2016 - AR)

Adkins v. State Of Arkansas

In 2013, appellant Joseph Adkins entered guilty pleas to two counts of aggravated
robbery and one count of theft of property, and residential burglary.1 The trial court imposed
an aggregate sentence of 360 months’ imprisonment in the Arkansas Department of Correction,
with an additional 120 months’ suspended. Adkins filed a petition for postconviction relief
under Arkansas Rule o... More...
   $0 (01-24-2016 - AR)

Conway v. State Of Arkansas

A Garland County jury convicted Samuel L. Conway of capital murder and
aggravated robbery stemming from the March 14, 2005 shooting death and robbery of Mary
Adams. The State waived the death penalty, and Conway was sentenced to life without
parole plus 588 months to be served in the Arkansas Department of Correction. He raises
five points on appeal, arguing that the circuit cour... More...
   $0 (01-16-2016 - AR)

Bryce Allen v. State Of Arkansas

Bryce Allen was convicted by a Pulaski County jury of one count of second-degree murder and two counts of attempted second-degree murder. He now appeals, arguing that the jury should have been instructed on attempted reckless manslaughter as a lesser-included offense of attempted second-degree murder. We affirm.

The facts underlying this criminal case are not in dispute. On 19 Ma... More...
   $0 (11-28-2015 - AR)

Holland v. State of Arkansas

The Arkansas Supreme Court, in affirming defendant’s convictions of first and second-degree sexual assault against two minors, XB and JD, in 2006 and 2010, upheld exclusion of one of the victim’s medical-psychiatric intake records in 2011. The records showed that the victim denied that he had previously been sexually assaulted. The majority affirmed and reasoned there was no reversible error, but ... More...   $0 (11-27-2015 - AR)

United States of America v. Donald Wayne Lamoureaux

Fort Smith, AR - Missouri and Arkansas Physician Sentenced to 15 Years for Online Sexual Enticement of a Child

Donald Wayne Lamoureaux, age 69, of Hardy, Arkansas, was sentenced to 15 years in federal prison and ten years of supervised release on one count of Coercion and Enticement of a Minor. The Honorable P.K. Holmes, III presided over the sentencing hearing in the United States Distr... More...
   $0 (11-21-2015 - AR)

Ark. Dep't of Veterans Affairs v. Mallett

Appellant, Arkansas Department of Veterans Affairs d/b/a Arkansas Veterans Home
and Fayetteville Veterans Home (“ADVA”) appeals the Pulaski County Circuit Court’s order
granting class certification to appellees in their case alleging violations of the Arkansas
Minimum Wage Act (“AMWA”), Arkansas Code Annotated sections 11-4-201 et seq. On
appeal, ADVA argues that the circuit court... More...
   $0 (11-19-2015 - AR)

Swift v. State Of Arkansas

In 2013, appellant Tyrone Swift entered a negotiated plea of guilty to first-degree battery
and first-degree criminal mischief. He was sentenced as a habitual offender to an aggregate term
of 300 months’ imprisonment. On January 21, 2015, Swift filed in the trial court a pro se
petition for writ of error coram nobis. The petition was denied.1
Swift has lodged an appeal in this ... More...
   $0 (10-23-2015 - AR)

United States of America v. Dr. Robert Barrow

Little Rock, AR - Little Rock Doctor Pleads Guilty To Health Care Fraud Admits To $2.2 Million In Fradulent Billing

Dr. Robert Barrow, 62, of Little Rock, pled guilty to conspiring to commit health care fraud before U.S. District Court Judge J. Leon Holmes.

Dr. Barrow owned and operated a Little Rock medical clinic named "Your Doctor’s Office." At today’s hearing, Dr. Barrow admi... More...
   $0 (10-13-2015 - AR)

Fink v. State of Arkansas

On the morning of December 3, 2012, seventeen-year-old Fink told her mother that
she was leaving their home to go for a walk. During her walk, Fink encountered eighty
year-old Loyd Cole. Fink stabbed Cole thirty-six times with a knife she was carrying. Cole
died as a result of the stab wounds and his body was found face up in a ditch. Fink left a
trail of blood running from ... More...
   $0 (09-24-2015 - AR)

Shelby County Health Care Corp v. Southern Farm Bureau Casualty

John Smiley, a resident of Monroe County, Arkansas, was severely injured when a vehicle driven by Aaron Medford, a resident of Woodruff County, Arkansas, struck Smiley’s vehicle. The accident occurred in Monroe County, Arkansas. Smiley was transported to the Med, a medical center in Memphis, Shelby County, Tennessee, located just across the Mississippi River from Arkansas, where he received seve... More...   $0 (08-15-2015 - AR)

Kevin Nutt v. Osceola Therapy & Living Center

Kevin and Lisa Nutt successfully sued their former employers under the
Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., for
two claims: delinquent contributions and breach of the fiduciary duty of care. The
district court found that the Nutts’ former employers could not provide adequate relief
and thus relied on a theory of successor liability to hold Os... More...
   $0 (08-13-2015 - AR)

United States of America v. Teresa Lynette Bloodman

Teresa Lynette Bloodman withdrew as Laquan Darell Haynes’s attorney in a
criminal case. The magistrate judge ordered 1 her to return discovery material “as
soon as possible.” She returned it thirty-four days later. The judge sanctioned her
$250 for violating the order. The district court2 affirmed the sanction. Bloodman
appeals. Because Haynes’s criminal case is still pending in th... More...
   $0 (07-17-2015 - AR)

Johnny Jr. Gatewood v. CP Medical, LLC

Mr. and Mrs. Gatewood appeal from an order of the bankruptcy court1 granting
summary judgment to the defendant in an adversary proceeding concerning a proof
of claim filed by the defendant on a time-barred debt. We have jurisdiction over this
appeal from entry of the bankruptcy court’s final order pursuant to 28 U.S.C.
§ 158(b). For the reasons set forth below, we affirm.
FACTU... More...
   $0 (07-10-2015 - AR)

LESLEY WILKS AND PAUL WILKS, WIFE AND HUSBAND v. JOHN MANOBIANCO AND SANDRA LEE MANOBIANCO

For two years, Lesley Wilks had car insurance from State 1 In an appeal from the grant of summary judgment, we view the facts and draw reasonable inferences in the light most favorable to the non
WILKS v. MANOBIANCO Opinion of the Court
3
Farm Mutual Automobile Insurance Company, which she obtained through John Manobianco at the Man... More...
   $0 (07-09-2015 - Ar)

Carrie Andrews v. Carolyn W. Colvin, Acting Commissioner of Social Security

Carrie Andrews appeals from the district court's order affirming the
Commissioner of the Social Security Administration's (the "Commissioner") denial
1
The Honorable J. Thomas Ray, United States Magistrate Judge for the Eastern
District of Arkansas, to whom the case was referred for final disposition by consent
of the parties pursuant to 28 U.S.C. § 636(c).
of Andrews' app... More...
   $0 (07-02-2015 - AR)

United States of America v. Mesha White

LITTLE ROCK, AR – Mesha White, age 34, of Little Rock, appeared before United States District Court Judge Susan Webber Wright on June 3, 2015, and pled guilty to an indictment charging her with aggravated identity theft.

In April 2014, a federal grand jury returned a 14-count indictment charging White with seven counts of misusing a Social Security number and seven counts of aggravated ... More...
   $0 (06-03-2015 - AR)

Robert Everett Zolliecoffer and Malona Zolliecoffer v. The University of Arkansas and Dr. John Robert Delk, II

Little Rock, AR - Robert Everett Zolliecoffer and Malona Zolliecoffer sued The University of Arkansas and Dr. John Robert Delk, II on medical negligence and loss of consortium theories claiming that Dr. Delk, age 61, provided below the standard of care treatment to Mr. Zolliecoffer, age 57, during surgery a 2008 penile-implant surgery the University of Arkansas Medical Center in Little Rock. Plain... More...   $400000 (05-30-2015 - AR)

United States of America v. Health Management Associates Inc., et al.

Washington, D.C. – The Justice Department announced today that 16 separate hospitals and their respective corporate parents have agreed to collectively pay $15.69 million to resolve False Claims Act allegations that the providers sought and received reimbursement from Medicare for services that were not medically reasonable or necessary, the U.S. Department of Justice announced today.

â... More...
   $0 (05-07-2015 - AR)

Gregory Houston Holt, a/k/a Abdul Maalik Muhammad v. Ray Hobbs, Directory Arkansas Department of Corrections

Petitioner Gregory Holt, also known as Abdul Maalik Muhammad, is an Arkansas inmate and a devout Muslim who wishes to grow a 1⁄2-inch beard in accordance with his religious beliefs. Petitioner’s objection to shaving his beard clashes with the Arkansas Department of Correction’s grooming policy, which prohibits inmates from growing beards unless they have a particular dermatological condition... More...   $0 (01-20-2015 - AR)

United States of America v. Jason Gilbert

Little Rock, AR - Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, announced that a federal jury returned guilty verdicts against three men on all counts related to a conspiracy to rob employees of an armored car company that began in 2005 and culminated in the successful armed robbery of an armored car employee on September 10, 2007 at a U.S. Bank in North Little... More...   $0 (12-09-2014 - AR)

United States of America v. Timmy Larvale McCain

LITTLE ROCK - Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas; along with David Downing, Assistant Special Agent in Charge of the Drug Enforcement Administration (DEA) announced the arraignment of 27 defendants in a 78-count indictment charging 33 defendants with prescription drug charges. One defendant, Timmy Larvale McCain, 38, of Little Rock, was also charged w... More...   $0 (10-23-2014 - AR)

United States of America v. Lee Anne Branch and Kyle Branch

LITTLE ROCK, AR - Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, announced today that Lee Anne Branch and Kyle Branch, both 41 of White Hall, Arkansas appeared before United States District Judge D. P. Marshall, Jr. to be sentenced for theft of government property. Judge Marshall sentenced Lee Anne Branch to 30 months’ imprisonment to be followed by 3 years’... More...   $0 (04-24-2014 - AR)

United States of America v. James S. Curtis

James Curtis was indicted on one count of possession of a firearm after having been committed to a mental institution, in violation of 18 U.S.C. § 922(g)(4). Curtis was found incompetent to stand trial, and he objected to treatment with antipsychotic medication to restore him to competency. The district court ordered that Curtis be involuntarily medicated. We conclude that the case must be remand... More...   $0 (04-16-2014 - AR)

George Tedder v. American Railcar Industries

American Railcar Industries, Inc. (ARI), appeals from a district court1 order denying its motion for judgment as a matter of law or, in the alternative, a new trial, and granting a partial remittitur of damages. George Tedder cross-appeals from the same order, challenging the remittitur. We affirm.

I.

Tedder worked for ARI as a welder. On April 24, 2008, Tedder was sitting on a table... More...
   $0 (01-09-2014 - AR)

Tony Sayger v. Riceland Foods, Inc.

Tony Sayger brought this action against Riceland Foods under 42 U.S.C. § 1981, Title VII, the Arkansas Civil Rights Act, and other statutes, alleging retaliatory discharge after being a witness in an internal investigation into a complaint about a manager. After the district court 1 granted summary judgment to Riceland on Sayger's Title VII and ACRA claims, his § 1981 claim proceeded to trial. T... More...   $0 (11-18-2013 - AR)

Barbara Hager v. Arkansas Dept. of Health

Barbara Hager was fired from the Arkansas Department of Health by her supervisor, Dr. Namvar Zohoori. Hager sued Dr. Zohoori and the Department for statutory and constitutional violations. The district court granted, in part, their motion to dismiss. They appeal. Having jurisdiction under 28 U.S.C. § 1291 over Dr. Zohoori’s appeal, this court reverses and remands.

I.

Hager claims ... More...
   $0 (11-15-2013 - AR)

United States v. Freddie Wallace

A jury found Freddie Wallace guilty of one count of production of child pornography in violation of 18 U.S.C. § 2251(a) and one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). The district court1 sentenced Wallace to 265 months’ imprisonment on the production of child pornography count and a concurrent 120 months’ imprisonment on the possession of child po... More...   $0 (04-25-2013 - AR)

Toni Bone v. G4S Youth Services

Toni Bone appeals the district court’s grant 1 of summary judgment in favor of her employer, G4S Youth Services, LLC (“G4S”), and her supervisor, Todd Speight, on Bone’s claims that they terminated her employment based on her race, age, and use of family medical leave. For the reasons that follow, we affirm.

I. BACKGROUND

G4S began operating the Alexander Juvenile Assessment ... More...
   $0 (07-31-2012 - AR)

Amber Shelton v. Arkansas Department of Human Services

Amber Shelton, as the administratrix of Brenda Shelton's estate, appeals the district court's1 dismissal of her civil action against several public officials and health professionals. The complaint alleges shortcomings in the way medical professionals at a state mental health facility responded after Brenda hanged herself while a patient at the facility. The complaint alleges state law tort claims... More...   $0 (05-15-2012 - AR)

United States v. Bobby Hurt

The United States sued Bobby and Sue Hurt, alleging they engaged in a pattern or practice of sex discrimination in the rental of housing, in violation of the Fair Housing Act (FHA), 42 U.S.C. § 3601, et seq. After a jury found for the Hurts, the district court granted in part the Hurts’ motion for costs and attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The gover... More...   $0 (04-13-2012 - AR)

Johnny Chappell v. The Bilco Company

Johnny Chappell was discharged from his employment with Bilco Company (Bilco) on August 10, 2007. He sued, alleging that his termination was the result of interference with and retaliation for his exercise of his rights under the Family Medical Leave Act (FMLA) and racial discrimination in violation of 42 U.S.C. § 1981. The district court granted 1 summary judgment for Bilco, and Chappell appeals... More...   $0 (04-05-2012 - AR)

Michael Brock v. Michael J. Astrue

Michael Brock appeals the district court's order affirming the Commissioner's denial of his application for supplemental security income benefits. Specifically, he objects to the administrative law judge's finding, without considering the testimony of a vocational expert, that Brock was able to engage in gainful activity. We reverse and instruct the district court to remand the case for further pr... More...   $0 (03-29-2012 - AR)

Robert Smith v. Michael J. Astrue

Robert L. Smith appeals the district court’s1 order affirming the denial of disability insurance benefits and supplemental security income. Upon de novo review, see Partee v. Astrue, 638 F.3d 860, 863 (8th Cir. 2011), we find that the decision of the administrative law judge (ALJ) is supported by substantial evidence on the record as a whole. Specifically, we defer to the ALJ’s credibility det... More...   $0 (03-05-2012 - AR)

Diana Phillips v. Michael J. Astrue

Diana Phillips filed applications for supplemental security income benefits and disabled widow’s benefits. In conjunction with the medical-vocational guidelines, 20 C.F.R. Part 404, Subpart P, Appendix 2, the Administrative Law Judge (ALJ) found Phillips was not disabled. After granting review, the Appeals Council, and later the district court, affirmed the ALJ’s finding. The sole issue in thi... More...   $0 (02-29-2012 - AR)

Linda Baugh v. American Medical Systems, Inc.

Linda Baugh sued American Medical Systems, Inc. on a personal injury products liability theory claiming to have been harmed by a product manufactured and sold by Defendant.... More...   $0 (02-17-2012 - AR)

Carl Whitney v. Michael J. Astrue

Carl Whitney appeals the district court’s affirmance of the Social Security Commissioner’s (Commissioner) decision to deny him disability benefits and supplemental security income under the Social Security Act (the Act). In this appeal, Whitney claims that the district court should have found that he submitted a medical report from Dr. Mary Ellen Ziolko to the Appeals Council that was not cons... More...   $0 (02-15-2012 - AR)

 
 
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