Sampling of Cases

Sampling of Cases handled by Gibson & Keith, PLLC

In Hardin v. Bishop, 2013 Ark. 395, the firm was successful in obtaining an Arkansas Supreme Court ruling that reversed a decision of the Jefferson County Circuit Court dismissing their clients’ claims relative to a runaway fire that destroyed a tire store and the building in which same was situated.  In rendering its Opinion, the Arkansas Supreme Court overruled a number of that Court’s prior decisions that had hampered the ability of litigants to obtain appellate review of Circuit Court rulings on motions for summary judgment.

In Moss v. American Alternative Ins. Corp., 2006 U.S. Dist. LEXIS 80329 (E.D. Ark. 2006), the firm successfully defended against a summary judgment motion by a defendant insurance company on a farmer’s claim for the tort of bad faith arising out of his claim on crop-hail insurance policy. Small hail from Hurricane Rita had hit the farmer client’s mature cotton crop.

In Roberts v. American Alternative Ins. Corp., U.S. Dist. Ct., Eastern Dist. Ark., No. 5:08CV00121 (2009), the firm successfully defended against a summary judgment motion by a defendant insurance company on a farmer’s claim for the tort of bad faith arising out of his claim on crop-hail insurance policy. Small hail from Hurricane Rita had hit the farmer client’s mature cotton crop.

In Carter v. Georgia-Pacific Resins, Inc., 368 Ark. 19 (2006) the firm with co-counsel were successful in asserting the bar of worker compensation to tort claims of workers alleged to have been exposed to asbestos.

In Georgia-Pacific Corp. v. Carter, 371 Ark. 295 (2007) the firm with co-counsel were successful in reversing on appeal a trial judge’s class certification entered in an environmental tort case.

In Gosney v. Reliable Life Ins. Co., 293 F.3d 1052 (8th Cir. 2002) the firm successfully defeated immunity claim of insurance company for intentional wrongs committed against their client who was a former agent.

In Caldwell v. TACC Corporation, 423 F.3d 784 (8th Cir. 2005) the firm and co-counsel defended District Court findings that claimants not made-whole by recovery thereby defeating subrogation claim of worker compensation insurance carrier.

In Donaldson v. State of Arkansas, 2009 Ark. App. 119; 302 S.W.3d 622 (2009) the firm obtained jury acquittal of their public official client on four felony charges filed against him, and appealed and obtained reversal of the remaining misdemeanor conviction entered against him.

In State of Arkansas v. Col. Robert Avery, Drew County Circuit Court No. CR-2009-184-3, the firm with co-counsel successfully defended a retired U.S. Army Colonel accused of raping a student at the Warren Public Schools and obtained a jury verdict of full acquittal. Subsequently, the firm and co-counsel successfully defended the Colonel against an administrative charge of Child Maltreatment brought by the Arkansas State Police Crimes Against Children Division and obtained another acquittal relative to the same alleged rape before the Arkansas Department of Human Services Office of Hearings & Appeals. The firm and co-counsel also successfully defended the Colonel against a complaint made against his teacher license relative to the same alleged rape before the Arkansas Department of Education’s Professional Licensure Standards Board and obtained dismissal of that complaint. Then the firm and co-counsel pursued reinstatement of the Colonel to his job as Director of the JROTC program at Warren Schools, and after a trial in Col. Robert Avery v. Warren Schools, Bradley County Circuit Court No. CV-2010-17-2, obtained an Order for reinstatement and full back-pay, and successfully defended that decision on appeal in Warren School District v. Robert A. Avery, 2013 Ark. App. 414, 2013 Ark. App. LEXIS 426 (June 19, 2013). Upon being ordered to reinstate the Colonel to his position with Warren Schools, the school’s administration made a complaint to the U.S. Army Cadet Command in Fort Knox, Kentucky, to have the Colonel’s decertified as a JROTC instructor based on the same rape allegation plus some other equally unproven charges, and again the firm and co-counsel were successful in defeating that complaint.

In the area of family law, in Huey v. Huey the firm twice appealed and obtained reversals of adverse decisions handed down by a family law judge in an acrimonious domestic relations case. SeeHuey v. Huey, 96 Ark. App. 188; 239 S.W.3d 547 (2006); Huey v. Huey, 90 Ark. App. 98; 204 S.W.3d 92 (2005).

In the area of commercial litigation, in Hendrickson v. Carpenter, 88 Ark. App. 369 (2004) the firm was successful in reversing on appeal the order of the trial judge dismissing the claims of their client, and ultimately obtained a judgment in favor of their client from the same trial judge.

In the area of real estate litigation in Miletello v. Pugh, 2010 Ark. App. 528 (2010) the firm obtained a reversal of a trial court ruling disallowing their client to present his unjust enrichment claims to a jury, and ultimately obtained a jury verdict for the amount of their client’s claims.

In the area of product defect litigation in Brown v. Smith & Wesson, U.S. Dist. Ct., Western District of Arkansas, 08-CV-4065, the firm was successful in defeating the manufacturer’s attempts to avoid their discovery obligations under the law and also defeated a number of Daubert motions and a summary judgment motion filed by the manufacturer.

As can be discerned from the foregoing sampling of cases, the lawyers of Gibson & Keith have wide-ranging experience in litigation matters from both the defense and plaintiff standpoints.