Arkansas Blog

Failure to adequately investigate? Pretty interesting, but not not one I've never heard of in this state.

Failure to adequately investigate? Pretty interesting, but not a theory I've never heard of in this state.

ARK. BLOG: But, if this theory takes hold, do you think we could sue our legislators for illegal exactions? I have a few nominees of some paid without benefit to taxpayers. And a few more where the work product was demonstrably damaging to the commonweal.

So.... would it be okay for me to file suit against this Mt. Ida fool and Eddie Jr. for wasting state revenues by filing a frivilous lawsuit?

It matters not to this bunch if a mere Arkansas judge dismisses their noble attempt to put the Hog ship right. They will pursue this all the way to the U.S. Supreme Court, nay, to the World Court, through perdition's flames, through the maelstrom, whatever they must to rid the Hill of that foul Nutt. Talk about a Nut(t) Case.

Does Wally Hall realize that he wrote a paragraph that has seven sentences? That's six whole sentences more than the typical Wallygraph. If he doesn't watch out, he'll lose that charming epigrammatical flair that is the soul of his wit.

I agree that the Terry lawsuit likely lacks merit, but the real question is probably how long Christian can maintain it in court. Illegal exaction suits are actually fairly broad in nature, far beyond just an illegal tax. According to an ASC opinion from last year, "a
misapplication by a public official of funds arising from
taxation constitutes an exaction from the tax payers and empowers
any citizen to maintain a suit to prevent such misapplication of
funds." Assuming that Christian crafted his complaint adequately to avoid a motion to dismiss on failure to state facts upon which relief can be granted (which is a very, very low hurdle having nothing to do with the actual facts), he should be able to maintain this case through the discovery phase, at least to the point at which the UA files a motion for summary judgment, which would be based upon the facts actually brought to light in the case. If the case survives that long, even if the plaintiff loses, he might be able to engage in such fun and interesting litigation exercises as deposing John White, Houston Nutt, Frank Broyles, Teresa Prewitt, and others. The depositions alone would be worth the price of admission.

As for the hard-drive subpoenas, Nutt and Prewitt will certainly resist them, but their status as non-parties doesn't really protect them. Subpoenas are expressly for non-parties, and they are frequently served with extensive subpoenas. I recently handled a case that required me to sift through tens of thousands of pages of my non-party client's records to find documents responsive to an extensive subpoena.

Also, keep in mind that in cases involving emails and other electronic data, courts outside of Arkansas (there are no Arkansas cases on point) have been fairly lenient in allowing parties seeking discovery to access hard drives and backup media to ensure that information not easily accessible to a user that is relevant to a case can be recovered and used. Computers store a lot of information that is not available through typical email programs and the like.

Nice try guys, but I remain steadfast to my personal promise to myself to never read Wally Hall again. I shall continue my effort to reduce the amount of useless information which has no other purpose that I can see except to interrupt an otherwise pleasant day. This of course means that I am seriously considering the addition of many regular submitters to this blog to the list which Wally heads. But for the most part, you are much more entertaining. GO Hogs!!!

Never ever ever misunderestimate a Christian, neither Big Eddie or Little Eddie. Since the Christian law firm has represented the U of A athletic department many times in the past there must be something to this suit.

Though they're friends and classmates, I have urged little Eddie to run against Mark Pryor ever since it became apparent that Pryor was a loser. Little Eddie would make one fantastic Senator!

not to worry, Eddie Christian hath not the stature, either physically or reputationally, to convince any jurist to exponentially expand a lawyer's playground at the expense of the state, unless his heart and mind have grown in Grinch-like proportions since Southside in 1980.

If this lawsuit works - I'm running to the courthouse to file one against White for being bought by Walton money to establish the Walton School of Education.

You'd be surprised what 27 years of living can do for a kid, muleboy303.