collateral and independent claim (Arkansas) · Go Syfert
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collateral and independent claim in Arkansas

5 Arkansas opinions name it 1 courts 1994–1998 0 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Crockett & Brown, PA v. Wilsongreen
ark · 1995 · cited in 1 Arkansas opinions naming this issue, 1998–1998
2 sentences

1998See Crockett & Brown, P.A. v. Wilson, 321 Ark. 150 , 901 S.W.2d 826 (1995) (a Rule 11 motion raises a collateral and independent claim, not a matter integral to the merits of the action); Spring Creek Living Ctr. v. Sarrett, 318 Ark. 173 , 883 S.W.2d 820 (1994); Sunbelt Exploration Co. v. Stephens Prod.

1998See Crockett & Brown, P.A. v. Wilson, 321 Ark. 150 , 901 S.W.2d 826 (1995) (a Rule 11 motion raises a collateral and independent claim, not a matter integral to the merits of the action); Spring Creek Living Ctr. v. Sarrett, 318 Ark. 173 , 883 S.W.2d 820 (1994); Sunbelt Exploration Co. v. Stephens Prod.

11
Morris Obin v. District No. 9 of the International Association of MacHinists and Aerospace Workers Anheuser-Busch, Inc.green
ca8 · 1981 · cited in 1 Arkansas opinions naming this issue, 1995–1995
2 sentences

1995See White v. New Hampshire Dep't of Employment Sec., 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) (holding the ten-day limit for a Rule 59(e) motion to alter or amend judgment was not *198 applicable to the petitioner's motion, as the prevailing party, for an attorney's fee under the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988 , where the fee motion was filed four and one-half months after entry of a final judgment for the petitioner on the underlying action); accord, Obin v. District No. 9 of the Int'l Ass'n of Machinists and Aerospace Workers, 651 F.2d 574 (8th

1995See White v. New Hampshire Dep’t of Employment Sec., 455 U.S. 445 (1982) (holding the ten-day limit for a Rule 59(e) motion to alter or amend judgment was not applicable to the petitioner’s motion, as the prevailing party, for an attorney’s fee under the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988 , where the fee motion was filed four and one-half months after entry of a final judgment for the petitioner on the underlying action); accord, Obin v. District No. 9 of the Int’l Ass’n of Machinists and Aerospace Workers, 651 F.2d 574 (8th Cir. 1981) (holding a post-judgment mo

11
White v. New Hampshire Department of Employment Securitygreen
scotus · 1982 · cited in 1 Arkansas opinions naming this issue, 1995–1995
2 sentences

1995See White v. New Hampshire Dep't of Employment Sec., 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) (holding the ten-day limit for a Rule 59(e) motion to alter or amend judgment was not *198 applicable to the petitioner's motion, as the prevailing party, for an attorney's fee under the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988 , where the fee motion was filed four and one-half months after entry of a final judgment for the petitioner on the underlying action); accord, Obin v. District No. 9 of the Int'l Ass'n of Machinists and Aerospace Workers, 651 F.2d 574 (8th

1995See White v. New Hampshire Dep’t of Employment Sec., 455 U.S. 445 (1982) (holding the ten-day limit for a Rule 59(e) motion to alter or amend judgment was not applicable to the petitioner’s motion, as the prevailing party, for an attorney’s fee under the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988 , where the fee motion was filed four and one-half months after entry of a final judgment for the petitioner on the underlying action); accord, Obin v. District No. 9 of the Int’l Ass’n of Machinists and Aerospace Workers, 651 F.2d 574 (8th Cir. 1981) (holding a post-judgment mo

11
Pledger v. Bosnickgreen
ark · 1991 · cited in 1 Arkansas opinions naming this issue, 1995–1995
2 sentences

1995“Collateral action,” this court has stated, is “action that does not make any direct step toward final disposition of the merits of a case, will not be merged in the final judgment, is not an ingredient of the cause of action, and does not require consideration with the main cause of action.” Pledger v. Bosnick, 306 Ark. 45, 50 , 811 S.W.2d 286, 290 (1991), cert. denied, 113 S. Ct. 3034 (1993).

1995“Collateral action,” this court has stated, is “action that does not make any direct step toward final disposition of the merits of a case, will not be merged in the final judgment, is not an ingredient of the cause of action, and does not require consideration with the main cause of action.” Pledger v. Bosnick, 306 Ark. 45, 50 , 811 S.W.2d 286, 290 (1991), cert. denied, 113 S. Ct. 3034 (1993).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Spring Creek Living Center Ltd. Partnership v. Sarrett green
ark · 1994
2 sentences

1998See Crockett & Brown, P.A. v. Wilson, 321 Ark. 150 , 901 S.W.2d 826 (1995) (a Rule 11 motion raises a collateral and independent claim, not a matter integral to the merits of the action); Spring Creek Living Ctr. v. Sarrett, 318 Ark. 173 , 883 S.W.2d 820 (1994); Sunbelt Exploration Co. v. Stephens Prod.

1998See Crockett & Brown, P.A. v. Wilson, 321 Ark. 150 , 901 S.W.2d 826 (1995) (a Rule 11 motion raises a collateral and independent claim, not a matter integral to the merits of the action); Spring Creek Living Ctr. v. Sarrett, 318 Ark. 173 , 883 S.W.2d 820 (1994); Sunbelt Exploration Co. v. Stephens Prod.

31995–1998
Sunbelt Exploration Co. v. Stephens Production Co. green
ark · 1995
2 sentences

1998Co., 320 Ark. 298 , 896 S.W.2d 867 (1995) (an award of attorney’s fees is collateral).

1998Co., 320 Ark. 298 , 896 S.W.2d 867 (1995) (an award of attorney’s fees is collateral).

11998–1998
Pledger v. Bosnick green
scotus · 1993
2 sentences

1995"Collateral action," this court has stated, is "action that does not make any direct step toward final disposition of the merits of a case, will not be merged in the final judgment, is not an ingredient of the cause of action, and does not require consideration with the main cause of action." Pledger v. Bosnick, 306 Ark. 45, 50 , 811 S.W.2d 286, 290 (1991), cert. denied, ___ U.S. ___, 113 S.Ct. 3034 , 125 L.Ed.2d 721 (1993).

1995“Collateral action,” this court has stated, is “action that does not make any direct step toward final disposition of the merits of a case, will not be merged in the final judgment, is not an ingredient of the cause of action, and does not require consideration with the main cause of action.” Pledger v. Bosnick, 306 Ark. 45, 50 , 811 S.W.2d 286, 290 (1991), cert. denied, 113 S. Ct. 3034 (1993).

11995–1995
Cooter & Gell v. Hartmarx Corp. red
scotus · 1990
2 sentences

1994In reaching this decision, the Court concluded that a Rule 11 motion “raises a collateral and independent claim, not a matter integral to the merits of the action.” See also Cooter & Gell v. Hartmarx Corp., 496 U.S. 384 , 110 S.Ct. 2447 (1990).

1994In reaching this decision, the Court concluded that a Rule 11 motion “raises a collateral and independent claim, not a matter integral to the merits of the action.” See also Cooter & Gell v. Hartmarx Corp., 496 U.S. 384 , 110 S.Ct. 2447 (1990).

11994–1994

Where else courts name it

AR 5 (1994–1998) CT 5 (1988–2021) FL 4 (1989–2024) IA 2 (2019–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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