Legal Opinion

Vandiver Food Stores, Inc. v. Insurance Co. of North America

District Court, E.D. Arkansas

Decided November 8, 1995No. H-C-94-70PublishedCited by 3 opinions

1Opinion of the Court

ORDER

EISELE, District Judge.

Before the Court is Defendant Risk Planners of Mississippi, Incorporated’s (“Risk Planners”) motion for summary judgment. Risk Planners contends that the plaintiffs (“Vandiver”) negligence claim is an attempt to state a cause of action for negligent infliction of emotional distress and that because plaintiff is a corporation it can not maintain such a cause of action under Arkansas law. Risk Planners also argues that the plaintiffs claim for breach of contract 1 is untenable because Risk Planners was not a party to the contract in question.

Before addressing the…

2Cases cited28 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  5. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990

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3Cited by3 opinions

  1. Azarchi-Steinhauser v. Protective Life InsuranceDistrict Court, E.D. Pennsylvania · 2009
  2. Shelter Mutual Insurance Company v. Tommy Maples Bessie Maples, First National Bank of BerryvilleCourt of Appeals for the First Circuit · 2002
  3. Shelter Mutual Ins. v. Tommy MaplesCourt of Appeals for the Eighth Circuit · 2002

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