Attorney Rick E Woods's Legal Cases

Bankruptcy and debt

Objecting to Bankruptcy Discharge for Intentional Tort

May 15, 2013

OUTCOME: Succesful appeal

Hathorn v. Petty, U.S. Bankruptcy Appellate Panel for the Eight Circuit; No. 13-6002 (May 2013). Appeal of bankruptcy court's order granting motion to dismiss adversary proceeding as untimely. The Bank ... ruptcy Appellate Panel (BAP) concluded that since there was no deadline to file a complaint under 11 U.S.C. 523(a)(3)(B), Plaintiffs had the right to proceed with their complaint to try to prove that they held a debt of a kind described in section 523(a)(6). BAP reversed the bankruptcy court's order. The objection stemmed from an alleged sexual assault by the debtor, who had failed to properly schedule victim so as to allow her to file an objection. The debtor provided notice to the victim's state court counsel approximately one-week before deadline to object to discharge.

Internet

Internet Jurisdiction

May 08, 2013

OUTCOME: Decision upheld on appeal

Morris v. Christopher, 2013 Ark. App. 312, 2013 Ark. App. LEXIS 318, 2013 WL 1919585 (Ark. Ct. App. 2013) A resident of Hawaii, who was the wife of Morris' former friend was sued by Morris a reside ... nt of Arkansas for defamation. The trial court found that the exchange of an email between Hawaii resident and resident of Mississippi regarding Morris and his threats and vulgar comments about Hawaii resident did not meet the minimum-contacts test. The email originated in Hawaii and was sent to the Hawaii resident's family in Mississippi. The exercise of jurisdiction would offend traditional notions of fair play and substantial justice and would result in the Hawaii resident being haled into an Arkansas court solely as a result of random, fortuitous, or attenuated contacts.

Personal injury

$400,000.00 premises liability judgment

Jan 04, 2012

OUTCOME: Judgment for $417,000.000

Plaintiff injured at resort due to faulty stairwell.

Banking

Bank of Fayetteville v. First Horizon Home Mortgage

Sep 15, 2010

OUTCOME: Trial Court dismissed under principals of collateral estoppel. First Horizon dismissed appeal and paid Bank of Fayetteville's fees.

Bank held mortgage behind First Horizon. Initial suit dismissed with prejudice because objections to evidence were sustained. First Horizon brought second suit, which was defended on principals of re ... s judicata.

Defective and dangerous products

Motorized Wheelbarrow Construction Accident

Feb 10, 2010

OUTCOME: Confidential settlement

client injured on a motorized wheelbarrow. Hand controls were used to engage the machine. Experts determined flaw in design.

Wrongful death

Parking lot design leads to confidential wrongful death settlement

Jan 01, 2008

OUTCOME: Suit filed, confidential settlement

child killed when struck by vehicle. Design of parking lot in residential complex fostered speeding by drivers in area where children were present and difficult to detect.

Medical malpractice

Confidential Wrongful Death Case

N/A

OUTCOME: Settled

Negligence of health care provider leads to confidential settlement

Rick E Woods's Legal Cases (7)