Hancock v. First Stuttgart Bank & Trust Co.

This case requires close attention to the factual situation and careful application of the law in order to reach the correct result.

We can start with the fact that prior to the filing of this case in an Arkansas state court, the appellant filed a suit in federal court alleging violations of a federal law — the Equal Credit Opportunity Act (ECOA). However, the complaint also made allegations that were sufficient to state a cause of action for the “tort of outrage” under Arkansas law. See Deitsch v. Tillary, 309 Ark. 401, 405-06, 833 S.W.2d 760, 761-62 (1992).

Pursuant to the defendant’s motion…