Arkansas, May, 2005, State Case law

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State Courts - Arkansas - May 11, 2005

Phoenix Aviation Managers, Inc. v. Southern Pine Helicopters, Inc., CA 03-1309, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 11, 2005, Opinion delivered
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Overview: Helicopter owner, pursuant to insurance policy, was required to relinquish salvage and insurers were entitled to receive salvage or its value. Res judicata did not bar the insurers from asserting their claim to the salvage where their right was not necessarily within issues of the federal lawsuit and did not arise until litigation was concluded.

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Pina v. Wal-Mart Stores, Inc., CA 04-1045, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 11, 2005, Opinion delivered
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Overview: A claim for worker's compensation benefits based on carpal tunnel syndrome was time barred because, although a claimant was aware of the injury in 1999, she failed to filed a request for benefits in 2002. Both awareness and stabilization of the injury were not required for this type of claim.

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Quality Foods v. Mugley, CA 04-1218, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 11, 2005, Decided
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Overview: The Arkansas Workers' Compensation Commission did not err in concluding that the employee's 2003 injury was a new injury or aggravation of the employee's preexisting condition was supported by substantial evidence. Therefore, the employer and insurer were liable for the employee's right shoulder injury.

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Smiley v. Hartford Ins. Co., CA 04-892, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 11, 2005, Decided
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Overview: Summary judgment for appellee insurance company was proper where there was proof that appellant was served with discovery, but did not answer requests for admission, and thus they were deemed admitted pursuant to Ark. R. Civ. P. 36. Circuit court entered judgment based on evidence in deemed-admitted admissions.

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Smith v. Ark. Dep't of Human Servs., CA04-1266, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 11, 2005, Decided
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Overview: The trial court properly terminated a father's parental rights pursuant to Ark. Code Ann. ? 9-27-341(b)(3)(B)(i)(a) (Supp. 2003); the human services department made meaningful efforts, under Ark. Code Ann.?? 9-27-303(23) (2002), to rehabilitate the father, but he had progressed no further toward reunification than supervised visitation.

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Stevens v. State, CA CR 04-986, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 11, 2005, Opinion delivered
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Overview: Pursuant to Ark. R. Crim. P. 13.1(b), affidavit presented by officer gave reasonable cause to issue search warrant, and there was no police misconduct to deter; there were sufficient facts to establish the veracity of the second informant. His statements were clearly incriminating and were based on personal observations of recent criminal activity.

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