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School Not Required to Pay Attorneys' Fees Even Where IDEA Violation Found
Category: Appellate Law, Education, Eighth Circuit Appellate , Litigation
A hearing officer with the Arkansas Department of Education (“ADE”) finds that a school violated the Individuals with Disabilities Education Act (“IDEA”) by failing to evaluate and develop a behavior intervention plan (“BIP”) to address a student’s behavior deficits. Under the IDEA, this…
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Crop Insurance Dispute Wrapped in Red Tape: One Farmer's Uphill Battle to Overturn Arbitration
Category: Agriculture , Appellate Law, Eighth Circuit Appellate , Litigation
A farmer who lost a crop insurance dispute at arbitration took his insurance company to federal district court, filing a motion to vacate the arbitration award. When the lower court split the baby, the farmer and the insurer cross-appealed. In a recently announced opinion, the Eighth Circuit sided…
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Business Recovers Millions in Fees, Expenses, and Costs After Claims by EEOC Found to be "Frivolous"
Category: Appellate Law, Eighth Circuit Appellate , Employment, Litigation, Trucking
A district court awarded nearly $4.7 million in fees, expenses, and costs to a trucking business after the court found Title VII claims brought by the Equal Employment Opportunity Commission (“EEOC”) to be “frivolous, unreasonable and/or groundless.” Title VII permits courts to exercise discretion…
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I-630 Widening/National Environmental Policy Act: Eighth Circuit Court of Appeals Addresses U.S. District Court Decision Denying Motion for TRO
Category: Appellate Law, Arkansas Environmental, Energy, and Water Law, Eighth Circuit Appellate , Litigation
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a December 6th opinion an appeal from a United States Court of the Eastern District of Arkansas (“District Court”) decision that denied a request for a temporary restraining order (“TRO”) for an alleged…
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Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit
Category: Appellate Law, Eighth Circuit Appellate , Litigation, Products Liability
In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a successful motion to dismiss for failure to state a claim and was dismissed from…
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The Between the Lines blog is made available by Mitchell Williams Law Firm and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.