Marshall S. Ney

Litigation

Partner

  • (479) 695-6049
  • mney@fridayfirm.com
  • (501) 244-5389

Biography

Marshall S. Ney serves as litigation counsel to businesses, insurance companies, school districts and individuals in most types of complex and commercial disputes, employment claims and insurance coverage issues.  His litigation experience is extensive and includes class action litigation, noncompetition agreements, trade secrets, corporate dissolutions, discrimination suits, business contracts, bankruptcy discharge challenges, insurance contracts, bad faith claims, education law and special education law. 

Marshall has more than 25 years of litigation experience and serves as counsel for multiple school districts across the state, including two of the state's largest districts. He has also served as Associate General Counsel for a Fortune 10 company with responsibility for commercial, employment and personal injury litigation. 

Honors

   

  


Key Matters

  • Warren V. Krispy Kreme Doughnuts, No. 14-1254, United States Court Of Appeals For The Eighth Circuit, 577 Fed. Appx. 628; 2014 U.S. App. LEXIS 17961, September 17, 2014
  • Busch V. Wal-Mart Stores, Inc., Case No. 5:12-CV-05079, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS, FAYETTEVILLE DIVISION, 2014 U.S. Dist. LEXIS 69140, May 16, 2014
  • Our Cmty., Our Dollars V. Bullock, No. CV-14-827, SUPREME COURT OF ARKANSAS, 2014 Ark. 457; 2014 Ark. LEXIS 587, October 31, 2014
  • Lapointe V. New Tech., Inc., No. CV-13-899, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, 2014 Ark. App. 346; 437 S.W.3d 126; 2014 Ark. App. LEXIS 465; 38 I.E.R. Cas. (BNA) 834, June 4, 2014
  • United Food & Commer. Workers Int'l Union V. Wal-Mart Stores, Inc., No. CV-14-7, SUPREME COURT OF ARKANSAS, 2014 Ark. 517; 2014 Ark. LEXIS 645, December 11, 2014
  • Jarrett V. Panasonic Corp. Of N. Am., No. 4:12-Cv-00739-SWW, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS, WESTERN DIVISION, 8 F. Supp. 3d 1074; 2013 U.S. Dist. LEXIS 97983, June 21, 2013
  • Maumelle Med. Clinics, Inc. V. Wal-Mart Stores Ark., LLC, No. 12-1579, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 492 Fed. Appx. 709; 2012 U.S. App. LEXIS 23514, October 30, 2012, Submitted, November 16, 2012
  • B & B Hardware, Inc. V. Fastenal Co., No. 11-2954, No. 12-1066, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 688 F.3d 917; 2012 U.S. App. LEXIS 17540; 78 U.C.C. Rep. Serv. 2d (Callaghan) 474, June 14, 2012
  • Simmons-Ellison V. Wal-Mart Stores, Inc., Case No. 11-5070, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS, FAYETTEVILLE DIVISION, 2012 U.S. Dist. LEXIS 46719; 114 Fair Empl. Prac. Cas. (BNA) 1137, April 3, 2012, Decided, April 3, 2012
  • Graham V. Stonebridge Life Ins. Co., No. 4:10CV02022 JLH, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS, WESTERN DIVISION, 2011 U.S. Dist. LEXIS 140264, December 6, 2011, Decided, December 6, 2011
  • Evans V. Wal-Mart Stores E., L.P., Case. No. 2:08-CV-2110, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS, FORT SMITH DIVISION, 2009 U.S. Dist. LEXIS 80511, September 4, 2009, Decided, September 4, 2009
  • Wal-Mart Stores V. RLI Ins. Co., No. 01-1898WA, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 292 F.3d 583; 2002 U.S. App. LEXIS 11080, January 14, 2002, Submitted , June 5, 2002
  • Peacock V. 21st Century Wireless Group, No. 01-1751 , UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 285 F.3d 1079; 2002 U.S. App. LEXIS 6767, November 12, 2001
  • Yamaha Motor Corp. V. Richard's Honda Yamaha, 00-846, SUPREME COURT OF ARKANSAS, 344 Ark. 44; 38 S.W.3d 356; 2001 Ark. LEXIS 123, March 1, 2001
  • Kidd V. Bass Hotels & Resorts, Inc., NO. 4:98-CV-00560 WRW, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS, WESTERN DIVISION, 136 F. Supp. 2d 965; 2000 U.S. Dist. LEXIS 20592; 2000-2 Trade Cas. (CCH) P73,045, August 16, 2000
  • Yamaha Motor Corp. V. Stroud, No. 98-3870, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 179 F.3d 598; 1999 U.S. App. LEXIS 11356, May 10, 1999, Submitted , June 3, 1999
  • Richison V. Boatmen's Ark., Inc., CA 98-418, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, 64 Ark. App. 271; 981 S.W.2d 112; 1998 Ark. App. LEXIS 824, December 16, 1998
  • Hall V. Modern Woodmen Of Am., No. 94-3995, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 68 F.3d 1120; 1995 U.S. App. LEXIS 30849, October 6, 1995
  • Mcneill V. Security Benefit Life Ins. Co., No. 93-1424, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 28 F.3d 891; 1994 U.S. App. LEXIS 16740, February 17, 1994
  • Yamaha Motor Corp., U.S.A. V. Riney, No. 93-2197, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 21 F.3d 793; 1994 U.S. App. LEXIS 6536, December 16, 1993, Submitted , April 7, 1994
  • Allison V. Security Benefit Life Ins. Co., No. 91-3488, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 980 F.2d 1213; 1992 U.S. App. LEXIS 31718, April 14, 1992

Education

  • University of Arkansas at Little Rock School of Law, J.D.; 1991; Assistant Editor, University of Arkansas at Little Rock Law Journal
  • Southern Methodist University, B.B.A., 1986

Noteworthy

  • Listed in The Best Lawyers in America, since 2009 
  • Lifetime Achievement selection among America's Top 100 Attorneys
  • Named by The Best Lawyers in America as the Lawyer of the Year 2013, Fayetteville, Litigation: Labor & Employment
  • Selected by attorney peers for inclusion in Mid-South Super Lawyer, since 2011

Associations & Memberships

  • American Bar Association 
  • Arkansas Bar Association, Member – Antitrust and Trade Regulation Committee, 1992-2000
  • Arkansas Bar House of Delegates, 2000-2002
  • Arkansas Children’s Hospital Foundation, Board Member
  • Bentonville Public Schools Board of Education, past memeber
  • Defense Research Institute, Member
  • National School Boards Association’s Council of School Attorneys
  • Walton Arts Center, Board Member, Corporate Leadership Council

Admissions

  • Admitted to Practice in Arkansas, 1991
  • United States District Courts for the Western and Eastern Districts of Arkansas, 1991
  • United States Court of Appeals for the Eighth Circuit, 1991

Additional Links

Best Lawyers/HR Professionals

New Partner

AMP Feature

Talk Business Feature