Justia Civil Procedure Opinion Summaries

Articles Posted in Arkansas Supreme Court
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This case concerns a dispute arising from a real estate transaction between appellants Donnell and Marilyn Bauer and appellees Jesse Lee and Mary A. Beamon. The Bauers sold Lot 24A to the Beamons, failing to disclose certain defects and issues related to the property. After the sale, the Beamons discovered a mold issue in the residence and soil instability on an adjacent lot, Lot 18, which the Bauers had also owned. The Beamons attempted to remediate these issues, incurring significant costs. They ultimately sought to rescind the contract, alleging fraud and deceit by the Bauers.The Supreme Court of Arkansas affirmed the lower court's denial of the Beamons’ rescission claim, finding that the Beamons had waived their right to rescission by taking possession of the property, engaging in mold eradication, and attempting to remediate the soil conditions on the hillside. These actions were found to be inconsistent with an intent to rescind.However, the court reversed the lower court's award of damages to the Beamons for breach of contract. The court found that the Beamons had not alleged breach of contract in their complaint, and thus could not recover damages on that basis. Furthermore, the court found that the Bauers' constitutional right to a jury trial had been violated, as the Beamons’ claim for rescission, an equitable remedy, had been tried without a jury, and the Bauers were not given a jury trial on the legal claim for damages. View "BAUER V. BEAMON" on Justia Law

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The Supreme Court affirmed the order of the circuit court denying Appellant's motion for order to waive record fees in a suit brought under the Freedom of Information Act (FOIA) against the University of Arkansas at Little Rock (UALR), holding that the circuit court correctly denied the motion to waive record fees.Appellant, a law professor at UALR, brought this action alleging FOIA violations. The circuit court dismissed the FOIA claim with prejudice. Appellant then moved to set aside the order, arguing that UALR violated the negotiated settlement. The circuit court denied the motion, and Appellant unsuccessfully attempted to appeal. As to his appeal of the order denying the motion to set aside, Appellant moved to waive record fees alleging that a fee assessed by the circuit clerk violated state law. The circuit court denied the motion, after which Appellant filed a second motion to waive record fees. The circuit court denied the motion and also denied Appellant's motion for summary judgment. The Supreme Court affirmed, holding that no justiciable controversy existed in this case. View "Steinbuch v. University of Ark." on Justia Law

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The Supreme Court vacated the order of the court of appeals granting the Grand Lodge's motion to dismiss Plaintiff's appeal from the circuit court order dismissing the complaint based on Plaintiff's failure to file a complete record while, at the same time, denying Plaintiff's motion for writ of certiorari to complete the record, holding that the appeal must be dismissed.In dismissing Plaintiff's complaint the circuit court concluded that the complaint was legally insufficient. Plaintiff filed a notice of appeal but did not receive the transcript when the deadline to file the record passed. The Grand Lodge filed a motion seeking to dismiss the appeal for lack of jurisdiction, which the court of appeals granted. On appeal, Plaintiff argued that he could not have good faith filed a motion for an extension for filing the record with the clerk of the Supreme Court because he could not show that more time was necessary. The Supreme Court vacated the court of appeals' order and granted the Grand Lodge's motion to dismiss this appeal, holding that Plaintiff failed to file an extension order or demonstrate that he was unable to do so and failed to demonstrate that it would be unjust to dismiss his appeal. View "Cook v. Most Worshipful Grand Lodge" on Justia Law

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The Supreme Court affirmed in part and reversed in part the judgment of the circuit court awarding $18,160,000 in attorneys' fees to Appellees, holding that the circuit court erred in its award of attorneys' fees and costs but did not err in denying Appellees' motion for contempt.On appeal, certain appellants argued that the circuit court erred in its application of the factors set forth in Chrisco v. Sun Industries, 800 S.W.2d 717 (Ark. 1990) and that they should not have to pay attorneys' fees. Other appellants argued that sovereign immunity barred the fee award. Appellees cross-appealed, arguing that the circuit court erred in denying their motion for contempt. The Supreme Court held (1) in the absence of express statutory authority, the circuit court abused its discretion in awarding a flat fifteen percent attorneys' fee award of $18.16 million in attorneys' fees and costs; and (2) the circuit court properly denied Appellees' contempt motion. View "Gibson v. Buonauito" on Justia Law

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Legal Aid submitted an Arkansas Freedom of Information Act (FOIA) request to the Division of Workforce Services (DWS) seeking information about how DWS and its third-party vendors determined eligibility for applicants of the Unemployment Insurance and/or Pandemic Unemployment Assistance programs. Item 10 sought “[a]ll public records, including communications, created by, sent by, sent to, or otherwise provided to DWS employees between March 1, 2020, and present that contain the words ‘algo’ or ‘algorithm’ in singular or plural form.” Legal Aid did not request confidential information about any claimant.After DWS failed to provide a timeline for the production of the documents, Legal Aid filed suit. DWS’s representative testified that the records responsive to Item 10 were expected to comprise more than 42,000 pages of emails that had to be printed, reviewed, and redacted. The circuit court ordered DWS to submit an estimated timeline for production and to provide records on a weekly basis in accordance with its timeline. Legal Aid subsequently claimed that DWS redacted information that concerned algorithms, or factors, that the agency uses in its processes to determine benefit eligibility. DWS cited ongoing fraud investigations. The Arkansas Supreme Court affirmed an order that the unredacted documents be produced, and that access to and management of the documents be limited. The court found that neither the law enforcement nor the competitive advantage FOIA exception applied. View "Arkansas Department of Commerce, Division of Workforce Services v. Legal AId of Arkansas" on Justia Law

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The Supreme Court affirmed the judgment of the circuit court dismissing without prejudice Appellants' claims against Appellees, the Board of Trustees of the University of Arkansas System and others, holding that the circuit court did not err by determining that Appellants lacked standing and that their claims were unripe and nonjusticiable.Appellants, tenured factual members employed by the University of Arkansas System, filed on behalf of themselves and all others similarly situated a complaint against the Board seeking declaratory and injunctive relief based on alleged violations of both federal and state law. The Board filed a motion to dismiss, arguing that claims should be dismissed based on lack of standing, unripeness, and failure to state a claim. The circuit court granted the motion. The Supreme Court affirmed, holding that the circuit court correctly dismissed Appellants' claims. View "Palade v. Board of Trustees" on Justia Law

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In this interlocutory appeal, the Supreme Court reversed and dismissed in part and dismissed in part this appeal from the judgment of the circuit court in a dispute centering on the Attorney General's spending on television commercials and legal filings in out-of-state federal litigation, holding that dismissal was warranted.In this lawsuit, Plaintiffs alleged that Attorney General Leslie Rutledge exceeded her authority and should be enjoined from continuing to act in excess of her authority and that she had spent funds in excess of her authority in an illegal exaction. The Attorney General asserted various immunity defenses, which the circuit court denied. The Supreme Court reversed and dismissed in part and dismissed in part, holding (1) as to the first claim for relief, the Attorney General had sovereign immunity and could not be enjoined; and (2) as to the second allegation, Rutledge as an individual was entitled to statutory immunity. View "Rutledge v. Remmel" on Justia Law

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The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Judge Mark Derrick challenging the constitutionality and legality of various practices concerning bond, the appointment of counsel, and the imposition and payment of fines, holding that there was no error.Appellants, who appeared before Judge Derrick, a state district court judge, as criminal defendants, were subject to court-imposed fines that they failed to pay, often resulting in jail time and additional fines. Appellants sued Judge Derrick in his official capacity, raising several challenges. The circuit court granted summary judgment in favor of Judge Derrick on all claims. The Supreme Court affirmed, holding that judicial immunity prevented this Court from granting Appellants their requested relief. View "Mahoney v. Derrick" on Justia Law

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The Supreme Court reversed the order of the circuit court denying Bayer Cropscience, LP's motion to intervene in a lawsuit challenging a rule adopted by the Arkansas State Plant Board, holding that the circuit court erred in denying Bayer's motion to intervene as a matter of right.Plaintiffs filed a complaint seeking a declaratory judgment that the Plant Board violated the Administrative Procedure Act (APA) by adopting the 2021 Dicamba Rule. Bayer, which manufactures and sells the herbicide Dicamba, moved to intervene in the action. The circuit court denied the motion. The Supreme Court reversed, holding that Bayer was entitled to intervene as a matter of right because it satisfied all of the requirements set forth in Ark. R. Civ. P. 24. View "Bayer Cropscience, LP v. Hooks" on Justia Law

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The Supreme Court dismissed this appeal challenging the circuit court's order denying Appellants' motion for summary judgment and granting summary judgment for Appellees, holding that the circuit court's order was not a final order.Appellees filed a class-action complaint against Appellants, online travel companies (OTCs), alleging that the OTCs had failed to collect or collected and failed to remit the full amount of gross-receipts taxes imposed by government entities on hotel accommodations. The circuit court granted partial summary judgment for Appellees on the issue of liability. Appellants appealed. The Supreme Court dismissed the appeal, holding that where the circuit court stated that its order was preliminary and that it was retaining jurisdiction to determine the appropriate relief, and where the court did not enter an Ark. R. Civ. P. 54(b) certification, the order was not final. View "Hotels.com, L.P. v. Pine Bluff Advertising" on Justia Law