Timothy "Tim" Cullen

Represented B&B as primary counsel in two merits appeals to the Eighth Circuit (800 F.3d 427 and 912 F.3d 445) and one decision on remand from the Eighth Circuit. 800 F.3d 427. On brief in B&B’s successful appeal to the Supreme Court. 135 S.Ct. 1293, 575 U.S. 138. Co-counsel at trial in a one-week jury trial resulting in a finding of trademark infringement but no damages. Primary counsel on second certiorari petition to Supreme Court, 140 S.Ct. 218 (2019) cert. denied.

Represented trucking company on appeal from preliminary injunction entered against former employer (Box I, 533 S.W.3d 603) and subsequent dismissal based on subject matter jurisdiction.

Represented father on appeal from trial court’s decision that increase in value of stock portfolio was not income for child support purposes. Initially the Court of Appeals reversed, but on petition for review, the Arkansas Supreme Court affirmed in favor of father.

Consulted at trial court level and then represented plaintiff on appeal affirming a $5.21 million jury verdict for amputation caused by a motorcycle wreck.

Represented rural water service on appeal from trial court’s summary judgment based on protections afforded by 7 U.S.C. 1926(b).

Represented toxic tort plaintiff on appeal reversing summary judgment on causation and announcing that the Chavers test for exposure would apply in toxic tort cases in Arkansas. At the time, the record in Green was the largest ever filed at the Arkansas Supreme court – 160 volumes.

Represented law firm in trial court and on appeal in a fee dispute (fees due in excess of $1 million) and successful Rule 12 dismissal of malpractice counterclaim. Prevailed on summary judgment based on judicial estoppel. Presented oral argument to the 8th Circuit. Affirmed.

Represented the appellant in reversing the trial court’s judgment that certain property was solely owned by one member of the partnership and not partnership property.

Represented plaintiff on appeal from grant of summary judgment based on qualified immunity. Summary judgment was affirmed by the Arkansas Court of Appeals. Petition for review was accepted by the Arkansas Supreme Court which then reversed the trial court and the Court of Appeals finding that psychologist’s actions exceeded the scope of his appointment and therefore qualified judicial immunity was forfeited.

Represented plaintiff physician at trial in claims for defamation against peer review service. Prevailed on motions for summary judgment based on federal and state law immunities. Settled after first week of trial.

Appointed on appeal to represent defendant on first-degree murder conviction and life imprisonment. Identified on appeal a constitutional issue about whether defendant was present with counsel at a critical stage when jury notes were received during deliberations. Supreme Court remanded for supplemental record. Conducted the trial court hearing to supplement the record and then represented Terry on a second appeal based on the supplemental record.