Cases
Some Recent Cases
Terry vs. State
2020 Ark. 202, 600 S.W.3d 575
(Appointed on appeal to represent defendant on first-degree murder conviction and life imprisonment. Identified on appeal a constitutional issue about whether defendant was present with counsel at a critical stage when jury notes were received during deliberations. Supreme Court remanded for supplemental record. Conducted the trial court hearing to supplement the record and then represented Terry on a second appeal based on the supplemental record.)
John v. Faitak
2020 Ark. 105, 594 S.W.3d 871
(Represented plaintiff on appeal from grant of summary judgment based on qualified immunity. Summary judgment was affirmed by the Arkansas Court of Appeals. Petition for review was accepted by the Arkansas Supreme Court which then reversed the trial court and the Court of Appeals finding that psychologist’s actions exceeded the scope of his appointment and therefore qualified judicial immunity was forfeited.)
Hitt v. Lyle
2020 Ark. App. 124, 596 S.W.3d 540
(Represented the appellant in reversing the trial court’s judgment that certain property was solely owned by one member of the partnership and not partnership property.)
Henry Law Firm v. Cuker Interactive
LLC, 950 F.3d 528 (8th Cir. 2020)
Represented law firm in trial court and on appeal in a fee dispute (fees due in excess of $1 million) and successful Rule 12 dismissal of malpractice counterclaim. Prevailed on summary judgment based on judicial estoppel. Presented oral argument to the 8th Circuit. Affirmed.)
U.S. v. Morrow
802 Fed. Appx. 212 (8th Cir. 2020)
(Represented indigent criminal defendant by CJA appointment on challenge to sentencing in a multi-defendant drug case.)
Hayes v. U.S.
2020 WL 524845
(Represented estate in a wrongful death claim against the Department of Veterans Affairs. Summary judgment granted based on untimely filing of initial administrative tort claim filed prior to counsel’s involvement.)
Grubbs v. State
2020 Ark. 42, 592 S.W.3d 688
(Represented criminal defendant on appeal from a resentencing hearing under Miller v. Alabama.)
Gravette v. Centerton
2019 Ark. 540, 589 S.W.3d 456
(Represented rural water service on appeal from trial court’s summary judgment based on protections afforded by 7 U.S.C. 1926(b).)
Box v. J.B. Hunt (Box II)
2019 Ark. App. 334, 578 S.W.3d 719
(Represented trucking company on appeal from preliminary injunction entered against former employer (Box I, 533 S.W.3d 603) and subsequent dismissal based on subject matter jurisdiction.)
Stewart v. Advanced Medical Reviews
2019 WL 7163428
(Represented plaintiff physician at trial in claims for defamation against peer review service. Prevailed on motions for summary judgment based on federal and state law immunities. Settled after first week of trial.)
Gen-Kal Pipe & Steel v. M.S. Wholesale
2019 Ark. App. 117, 573 S.W.3d 1
(Represented out-of-state plumbing supplier on appeal from a $12.5 million default judgment based on TCPA violations.)
Matter of Guardianship of Howard
2019 Ark. App. 15, 568 S.W.3d 771
(Represented daughter and surviving widow of Hon. George Howard, Jr., in contested guardianship proceedings.)
Garrison v. Hodge
2018 Ark. App. 556, 565 S.W.3d 107
(Consulted at trial court level and then represented plaintiff on appeal affirming a $5.21 million jury verdict for amputation caused by a motorcycle wreck.)
Dare v. Frost
2018 Ark. 83, 540 S.W.3d 281
(Represented father on appeal from trial court’s decision that increase in value of stock portfolio was not income for child support purposes. Initially the Court of Appeals reversed, but on petition for review, the Arkansas Supreme Court affirmed in favor of father.)
Howze v. U.S.
2017 WL 5749665
(Local counsel and primary counsel at settlement conference where death claim for decedent who was in the custody of the Bureau of Prisons was favorably resolved.)
B&B Hardware Inc. v. Hargis Industries Inc.
(Represented B&B as primary counsel in two merits appeals to the Eighth Circuit (800 F.3d 427 and 912 F.3d 445) and one decision on remand from the Eighth Circuit. 800 F.3d 427. On brief in B&B’s successful appeal to the Supreme Court. 135 S.Ct. 1293, 575 U.S. 138. Co-counsel at trial in a one-week jury trial resulting in a finding of trademark infringement but no damages. Primary counsel on second certiorari petition to Supreme Court, 140 S.Ct. 218 (2019) cert. denied.)
Green v. Alpharma
373 Ark. 378, 284 S.W.3d 29 (2008)
(Represented toxic tort plaintiff on appeal reversing summary judgment on causation and announcing that the Chavers test for exposure would apply in toxic tort cases in Arkansas. At the time, the record in Green was the largest ever filed at the Arkansas Supreme court – 160 volumes.)