DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
133315P.pdf 09/01/2015 Herschel Zarecor v. Morgan Keegan & Company U.S. Court of Appeals Case No: 13-3315 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges] Civil case - Securities Fraud. In action against lead underwriter for two mutual funds alleging the underwriter misrepresented the policies, structure and quality of the funds in violation of Arkansas, New Jersey and federal law, the district court did not err in determining the claims were time-barred under Arkansas and federal law; plaintiffs' pursuit of arbitration did not toll the federal statute of limitations; with respect to claim under New Jersey law, the claim was timely filed, and the district court erred in dismissing it; claims were untimely under Arkansas Code Sec.23-42-106(f) and were properly dismissed; order denying leave to amend is reversed and the matter is remanded to the district court to consider the motion anew in light of this decision. 142651P.pdf 09/01/2015 United States v. Kenneth Knight U.S. Court of Appeals Case No: 14-2651 U.S. District Court for the Western District of Arkansas - Fayetteville [PUBLISHED] [Beam, Author, with Gruender and Benton, Circuit Judges] Criminal case - Criminal law. The district court erred in granting defendant's motion for a judgment of acquittal on the charge of aiding and abetting the making of a false statement in relation to a bankruptcy case in violation of 18 U.S.C. Sections 152(3) and 2; while the court erred in granting a judgment of acquittal on this count, it did not err in granting defendant a new trial on the count based on the ground that the false statement instruction was erroneous; the court did not err in granting defendant a new trial on the conspiracy, bankruptcy fraud and money laundering counts based upon the weight of the evidence. Judge Gruender, concurring in part and dissenting in part.