I haven't posted much here recently, but I really should have mentioned that Helena won the Little Rock Holiday Lights contest.  She did all the work this year decorating the house.  I was busy with work and other things.  But I was around to submit her entry to the contest.

We were pleased enough when we were named finalists.  Then we both went to work asking our Facebook and Twitter friends to vote.

Thanks to our friends, we won.  We win a bunch of valuable prizes, including:

  • A year's membership to the Zoo.
  • A year's membership to the Jim Daley Fitness and Aquatic Center
  • A truckload of mulch

Again we want to thank all of you who voted for us and helped us win this honor.





I don't think there are many pictures, maybe a couple, but Helena did get me to go camping last weekend.  We went with a lot of her friends from Boy Scouts.  It was an adult camporee.  We stayed in a tent, but those who planned ahead got to stay in cabins.  

There was far more than enough food.  The weather at Petit Jean was perfect for camping.  We had one early morning rainstorm, but otherwise there was absolutely nothing to complain about.  It was cool enough that there were no insects.

We plan to go with this group again next year.  This time it looks like we'v
A defendant cited Jackson, infra, for the proposition that my client didn't suffer a hostile work environment.  Those are always tough cases, but the defendant here pretty much hung its hat on Jackson.  West's Keycite shows that the case was substantially modified on reconsideration.  It was no longer good law for the point the defendant cited it for.  At first I was wondering how the hell they missed that the case was no longer good law, but when I followed up I noticed that in the F.3d it says (incorrectly) that rehearing was denied.  The Keycite shows it cited by many courts without acknowledging the subsequent history.  I decided it was better not to act too outraged about the defendant relying on a case that was no longer good law and instead to be very gentle about it.  

Frankly, this is almost always the right way to go.  I've had the privilege of talking to Judges about it, and one thing they are more than tired of is lawyers pointing the finger at each other about alleged mistakes.  If anyone is going to get upset at lawyers who make mistakes, it ought to be the ones in the robes.  Here, I'm not even comfortable calling it a mistake.

Jackson v. Flint Ink North American Corp
., 370 F.3d 791 (8th Cir. 2004) was overturned on request for rehearing.  On the petition for rehearing, the Court of Appeals, having had additional facts pointed out on rehearing, held that work environment faced by worker was objectively hostile, and thus was actionable arguably. Jackson v. Flint Ink North American Corp., 382 F.3d 869 (8th Cir. 2004).[1]

[1]There is some inconsistency in the treatment of this case in the reports.  West’s reports that rehearing on this case was denied on September 3, 2004.  Of course, West’s also published the decision on reconsideration (dated August 24, 2004).  Plaintiff's counsel suspects that it is due to this inconsistent treatment that some courts continue to cite this case as authority without noting its subsequent history.  See, e.g. Griffey v. Daviess/Dekalb County Regional Jail¸ Case No. 10-06099-CV-SJ-DGK  p. 10 (W.D. Mo. 2012); Bell v. Amercian Greetings Corp., 3:04CV00303-WRW, 2007 WL 473693 (E.D. Ark. Feb. 8, 2007), n.43;  aff'd sub nom. Bell v. Am. Greetings Corp., 279 F. App'x 415 (8th Cir. 2008); Carlson v. Leprino Foods Co., 522 F. Supp. 2d 883, 889 (W.D. Mich. 2007); Lindsey v. Cube Corp., 386 F. Supp. 2d 1037, 1040 (W.D. Ark. 2005); Brown v. Arkansas State Highway & Transp. Dept., 358 F. Supp. 2d 729, 734 (W.D. Ark. 2004) aff'd sub nom. Brown v. Arkansas State Highway & Trans. Dept., 166 F. App'x 885 (8th Cir. 2006).

I had the privilege of arguing on behalf of Patricia Cannady, personal representative of Anne Pressly, in our claim against St. Vincent's Infirmary and others arising out of the unwarranted intrusion on her seclusion while in the hospital.  There have been several news reports about the argument.

We are hoping for a swift and just resolution by the Arkansas Supreme Court.  We hope to be allowed to submit our claims to a jury.

The entire oral argument can be viewed on the Arkansas Supreme Court's webpage.  

I am impressed with Weebly (which is where I am hosting this website).  It's fairly inexpensive, but most importantly, it's easy t use.  I have told myself for a couple of decades that I need to learn how to program, and for at least a decade that I need to learn some HTML, but I really haven't managed to do it.

These Weebly websites allow me to put together a site with very little effort.  Using this technology, I created a webpage for our Advance Sheets group.  It's arkadvancesheets.weebly.com.  I can create up to ten websites if I want them.  Granted, most people don't need ten websites.  I certainly don't.  But I am enjoying being able to manage my website in this manner.

This isn't an excuse for not learning how to program or write HTML.

The Arkansas Supreme Court has set oral arguments in Cannady v. St. Vincent's Infirmary for September 13, 2012.  I will be participating on behalf of the plaintiff. The Arkansas Supreme Court assumed jurisdiction of this case because of the importance of the issues involved.  The question is whether family members of a deceased person have any rights to bring a lawsuit against people who invaded the deceased person's privacy before death.  We are optimistic that the Court will rule in our favor, but whatever the outcome, this case will be important in determining the extent of the right to privacy under Arkansas law.

Here are some of my recent CLE activities

June, 2012
  • Anatomy and Physiology for Attorneys (Moderator)

May, 2012
  • Find it Free and Fast on the Net: Strategies for Legal Research on the Web (Speaker)
  • Auto Injury Litigation from Start to Finish (Speaker)
  • Social Security Disability from Start to Finish (Speaker)

March, 2012
  • Advanced Trial Tactics (Speaker)

February, 2012
  • Handling Complex Auto Insurance Coverage Disputes (Speaker)

June, 2011
  • Successfully Navigating the Appeals Process (Speaker)

March 2011
  • Evidence and Expert Testimony, Best Practices (Speaker)

October, 2010
  • Attorney's Guide to Legal Research Strategies On- and Offline (Speaker)

I had the privilege of representing Paul Sims in his wrongful discharge case against the Bismarck School District.  The Court of Appeals ruled in our favor last week.  The story made at least some news.  The Malvern Daily Record ran a story about it.  
Helena, Ben, a couple of Ben's friends, and I went to MidSouth Con this weekend.  It was very entertaining and relaxing. I attended several of the conferences, including "So You Want to Write a Screenplay?"  [See the WHIP entry below], "Brave New Worlds" [a discussion of dystopian science fiction], "Things in Science We Don't Understand" [a panel of physicists, rocket scientists from NASA, etc discussed the things we don't yet know], and a few other ones.  I attended some costuming and garbing sessions with Helena.  

We got to see an excellent Rocky Horror Picture Show with a shadow cast from Memphis.  They did a great job.   It was probably the best shadow cast I've ever seen.  The audience was great, too.  They knew a lot of call-backs.   Of course, that  kept me up until close to 3:00 in the morning.  I'm too damn old to stay up until 3:00 in the morning. I crashed the next night, missing the costume contest.  

Also, we took very few pictures.  I guessed there would be a lot of pictures on the web.  Just use Google Images.  As of last night, there weren't that many pictures, but I'm sure they'll surface.

I bought a few small-press books, as always.  I enjoy reading those sometimes, although my time has been fairly limited and I haven't read nearly as much as I would like to.  One that looked interesting was The Anthology from Hell:  Humorous Stories from WAY Down Under.  The editor was Julia Mandala.  I've read a few of her other works.

I got a book on self-publishing.  At one time when I was teaching at Pulaski Tech in the paralegal program I considered composing my own textbook for Appellate Advocacy.  None of the books out there would fill the bill.  Apparently you can self-publish on CreateSpace (Amazon) and print out fairly economical copies.  It looks like you can print them out for five or ten bucks a piece if you do it right.  I'll have to investigate further.  Right now I barely have time to read the books I want to read.  Is it realistic to expect I'll be able to write one?  I can't even keep up with this blog?


The Arkansas Supreme Court has ruled in our favor.  I am very pleased with the result for myself, my client, and the integrity of the Arkansas Constitution.  News reports are starting to show up.

I will supplement this more later.  As it happens, I am recovering from a medical problem of my own.