United States Eighth Circuit

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Blankenship v. USA Truck, Inc., 09-1605

In an action alleging that defendant owed plaintiff more than $1 million in unpaid sales commissions, and to invalidate a prior settlement agreement between the parties, the dismissal of the complaint is reversed where the district court ignored governing precedent from the Arkansas Supreme Court when holding the no-reliance clause barred plaintiff's fraud claim.

Appellate Information

  • Submitted 12/15/2009
  • Decided 04/15/2010
  • Published 04/15/2010

Judges

  • RILEY, Chief Judge., Before RILEY, Chief Judge, WOLLMAN and MELLOY, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Kenneth Hixson, argued, Fayetteville, AR, for Appellant.

  • For Appellees:
  • Barndon James Harrison, argued, (Barry Deacon, Jonesboro, AR, Joseph Barrett Deacon, Jr., Fayetteville, AR, on the brief), for Appellee.