Legal Opinion

1st Union Natl. Bank v. Paul Benham

Court of Appeals for the Eighth Circuit

Decided September 13, 2005No. 04-3656PublishedCited by 30 opinions

1Opinion of the Court

SMITH, Circuit Judge.

First Union National Bank, as Trustee of the Southeast Timber Leasing Statutory Trust, (“SE Timber”) commenced this legal malpractice lawsuit against Paul Ben-ham (“Benham”), a merger and acquisitions attorney, and his law firm, Friday, Eldredge & Clark, LLP, for failure to timely file a lawsuit pursuant to Ark.Code Ann. § 4-27-1330 to determine the fair value of stock acquired by SE Timber during a merger with First Land and Timber Corporation (“First Land and Timber”). The district court excluded the proffered testimony of SE Timber’s legal expert, ruling that the…

2Cases cited15 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Katie Bonner, Esau Bonner v. Isp Technologies, Inc., Crawford & Company, Inc., MovantCourt of Appeals for the Eighth Circuit · 2001
  4. Wheeling Pittsburgh Steel Corp. v. Beelman River Terminals, Inc.Court of Appeals for the Eighth Circuit · 2001
  5. Larry Phillips v. Cathy CollingsCourt of Appeals for the Eighth Circuit · 2001

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3Cited by30 opinions

  1. Smith v. Tenet Healthsystem Sl, Inc.Court of Appeals for the Eighth Circuit · 2006
  2. Dan Margolies Movant Below, Matthew Headley Holdings, Llc, Doing Business as Heartland Snacks, Formerly Known as Incito Capital Group v. McCleary Inc. Charles Patrick McCleary Jerry Stokely Dan Margolies Movant Below, Matthew Headley Holdings, Llc, Doing Business as Heartland Snacks, Formerly Known as Incito Capital Group v. McCleary Inc. Charles Patrick McCleary Jerry StokelyCourt of Appeals for the Eighth Circuit · 2006
  3. Jeffrey McMahon v. Robert Bosch Tool Corp.Court of Appeals for the Eighth Circuit · 2021
  4. Kuhn v. Wyeth, Inc.District Court, W.D. Arkansas · 2011
  5. Avco Corporation v. Turn and Bank Holdings, LLC.District Court, M.D. Pennsylvania · 2020

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