Guenther v. Griffin Construction Co.

MEMORANDUM OPINION

TIMOTHY L. BROOKS, UNITED STATES DISTRICT JUDGE

I. Background

This is a case that involves complex questions touching on the nature of federalism, the power of the federal courts, and the content of federal common law. It also involves a difficult question of state law that hinges on three Arkansas Supreme Court cases from the turn of the twentieth century. But these complex legal issues arise from relatively simple facts.

According to Plaintiff Justin Guenther, Special Administrator of the Estate of Semmie John Guenther (the “Estate”), in 2008 Semmie John Guenther (“Guenther”)…