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   State Courts - Arkansas - February 4, 2009

  
Ferguson v. Tri-City Invs., L.L.C., No. CA-08-781, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 4, 2009, Opinion Delivered
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Overview: Rescission of contract based on constructive fraud and mutual mistake was proper because trial court's findings by clear and convincing evidence that a buyer did not know at time of closing that there were long-term leases on the property and that the existence of the leases was substantially material to the transaction were not clearly erroneous.

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Flowers v. Ark. Dep't of HHS, No. CA08-1148, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 4, 2009, Opinion Delivered
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Gulley v. City of Mt. Home, No. CA08-795, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 4, 2009, Opinion Delivered
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Overview: An employee failed to establish that he had a compensable injury under Ark. Code Ann. ¿ 11-9-102(4)(D) (2002), which required that medical evidence be supported by objective findings, because the results of neuropsychological testing were not enough to satisfy the objective finding requirement for a compensable injury.

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Hammond v. Ark. Dep't of Human Servs., No. CA08-1015, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 4, 2009, Opinion Delivered
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Henry v. Parker, No. CA08-253, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 4, 2009, Opinion Delivered
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Hodges v. Ark. Dep't of Human Servs., No. CA 08-933, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 4, 2009, Opinion Delivered
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Overview: Clear and convincing evidence supported a termination of parental rights because a sibling had been subjected to aggravated circumstances, under Ark. Code Ann. ¿ 9-27-341(b)(3)(B)(ix)(a)(3)(A), (4); such grounds for termination did not require the Department of Human Services to attempt to reunite the family, under Ark. Code Ann. ¿ 9-27-338(c).

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Jones v. AAC Risk Mgmt. Servs., No. CA08-837, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 4, 2009, Opinion Delivered
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Overview: An employee was not entitled to medical benefits beyond the date determined by the Arkansas Workers' Compensation Commission because the employee had reached maximum medical improvement from his slip and fall, had already received the series of epidural injections, and was undergoing pain management for his pre-existing condition.

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Posey v. Ark. Dep't of Human Servs., No. CA 08-892, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 4, 2009, Opinion Delivered
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Overview: Order terminating a mother's parental rights to her child under Ark. Code Ann. ¿ 9-27-341(b)(3)(B)(vii)(a) was upheld because she continued to use drugs on fairly consistent basis after receiving inpatient treatment and continued to use drugs in weeks immediately preceding termination hearing; record showed that her addiction was lifelong problem.

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Powers v. Adams, No. CA08-66, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 4, 2009, Opinion Delivered
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Overview: A father should not have been held in contempt based on an order requiring him to submit pleadings and lawsuits to a licensed attorney for review and certification because his defensive motions, which were filed only in response to a motion to show case, were not pleadings or lawsuits under Ark. R. Civ. P. 7.

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Rush-Bradley v. Van Ore, No. CA08-467, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 4, 2009, Opinion Delivered
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Overview: Trial court did not err in piercing corporation veil in furniture owners' conversion action against corporation's stockholder because stockholder was seeking to use corporate facade to shield herself from personal liability for disposing of owners' property and there was evidence that corporation failed to scrupulously follow corporate formalities.

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