Legal Opinion

Richard v. Union Pacific Railroad

Supreme Court of Arkansas

Decided March 29, 2012No. 11-650PublishedCited by 14 opinions

1Opinion of the Court

ROBERT L. BROWN, Justice.

| lAppellant Donnell Richard brings this appeal in which he challenges the order of the Jefferson County Circuit Court granting appellee Union Pacific Railroad Company’s (Union Pacific) motion to dismiss Richard’s complaint with prejudice based on Arkansas Rule of Civil Procedure 41. Richard contends that the circuit court erred in its interpretation and application of Rule 41 to the facts of this case. We agree, and we reverse the circuit court’s dismissal of Richard’s complaint and remand for further proceedings.

On March 28, 2008, Richard filed a complaint in the…

2Cases cited6 opinions

  1. Poloron Products, Inc. (With Substitution Applied for by Dynamark Corporation, Assignee) v. Lybrand Ross Bros. & Montgomery, and Third-Party v. Poloron Products of Indiana, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1976
  2. Sutton Place Development Company, a Florida Corporation, Henry Weiss and Carol Weiss v. Abacus Mortgage Investment CompanyCourt of Appeals for the Seventh Circuit · 1987
  3. Jonesboro Healthcare Center, LLC v. Eaton-Moery Environmental Services, Inc.Supreme Court of Arkansas · 2011
  4. Smith v. WashingtonSupreme Court of Arkansas · 2000
  5. Cory v. Mark Twain Life InsuranceSupreme Court of Arkansas · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. James v. Pulaski County Circuit Court, Fifth DivisionSupreme Court of Arkansas · 2014
  2. David Tollett, a Resident, Qualified Elector, and the Republican Party Nominee for Arkansas House District 12 v. Jimmie L. WilsonSupreme Court of Arkansas · 2020
  3. Kelly v. MartinSupreme Court of Arkansas · 2014
  4. Taylor v. BibaSupreme Court of Arkansas · 2014
  5. Roy Treat v. State of ArkansasSupreme Court of Arkansas · 2019

9 more not listed; retrieve them via the Exa API.

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