DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
061601P.pdf 02/09/2007 Todd P. Smith v. Robert Casali
U.S. Court of Appeals Case No: 06-1601
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Smith, Author, with Bowman and Colloton, Circuit
Judges]
Civil case - Indemnity. The district court erred in finding that a
sentence contained in a letter from Casali to Smith constituted a clear
expression of Casali's intent to indemnify Smith sufficient to create an
enforceable indemnity agreement under Arkansas law; the district court
did not abuse its discretion in denying Casali's motion for leave to file a
second amended answer raising three additional defenses as the request
came after the close of discovery and would have been prejudicial to
Smith; case is remanded for further proceedings.