All that remains for an updated driverless-vehicle bill in Arkansas is the signature of Governor Asa Hutchinson. House Bill 1562, which amends Arkansas’ 2019 pilot program for autonomous vehicles was approved by a unanimous...more
In a negligence and failure-to-warn case brought against a product distributor, the plaintiff was relying on their expert witness as the sole means to prove that the product at issue came from the defendant. However, the...more
On April 14, 2020, Governor Asa Hutchinson issued Executive Order 20-18. Among other things, this EO provided immunity for healthcare workers from liability in order to equip these professionals with the tools necessary to...more
Patient standards of care have always been a moving target, dependent on specialty, circumstances, and resources. Add in a global pandemic and this standard for the treatment of COVID-19 is in a constant state of flux. Novel...more
4/13/2020
/ Arkansas ,
Best Practices ,
Centers for Medicare & Medicaid Services (CMS) ,
Creditors ,
Debtors ,
Health Care Providers ,
Hospitals ,
Medicare ,
Patients ,
Physicians ,
Telehealth
For a products liability claim in Arkansas, the general rule is that a lawsuit shall be commenced within three years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-203. In...more
The Arkansas Court of Appeals recently limited a defendant’s right to allocate fault to nonparties. The allocation of fault to nonparties has long been a source of confusion and uncertainty for litigants in Arkansas. This is...more
Does Arkansas products liability law require an expert witness? Technically, the answer is “it depends.” But for a plaintiff to make a claim in a products case, the answer is almost always “yes.”...more
Plaintiff sued a wood chipper manufacturer alleging products liability and failure to warn claims under both strict liability and negligence. The manufacturer filed timely, strategic motions resulting in dismissal of the...more
Last week we wrote about the status of Arkansas’ law recognizing a post-sale duty to warn, ultimately concluding that Arkansas Courts have not recognized the existence of any such duty. This week we will explain how, despite...more
Does Arkansas law recognize a post-sale duty to warn? In a nutshell, no. While Arkansas state courts have not expressly considered the issue, all legal authority indicates that the answer is indeed “no.” To support this...more
Arkansas limits a judgment against a defendant to no more than its proportional share of the damages. In other words, damages are allocated to a defendant in direct proportion to that defendant’s percentage of fault. For...more
In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more
12/11/2019
/ Appeals ,
Breach of Warranty ,
Default Judgment ,
Defense Strategies ,
Dismissals ,
Failure To State A Claim ,
Fraud ,
Gross Negligence ,
Manufacturers ,
Motion to Dismiss ,
Negligence ,
Product Defects ,
Rules of Civil Procedure ,
Strict Liability
With the specter of increased fuel efficiency laws looming, and feeling the continual pressure to move freight more economically, many in the trucking industry are embracing hybrid engines. But that technology is not ready...more
A business concedes that it made a mistake, but pleads for mercy with the jury and asks for a reasonable amount of damages. A jury ultimately awards $6 million. There are several insurance policies involved. Who is left...more
8/16/2019
/ Appeals ,
Assault ,
Bodily Injury ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Excess Policies ,
Insurance Industry ,
Insurance Litigation ,
Jury Verdicts ,
Policy Exclusions ,
Sexual Assault
Last month, we wrote that the Arkansas Court of Appeals had recently affirmed the critically important quality-assurance privilege in Arkansas, codified at Arkansas Code Annotated section 16-46-105...more
The Arkansas Court of Appeals recently affirmed the critically important quality-assurance privilege in Arkansas, codified at Arkansas Code Annotated section 16-46-105. At issue was whether a hospital must convene a formal...more
According to the Associated Press, Ford Motor Company and Walmart, Inc. have joined forces along with Postmates to test self-driving vehicles for a grocery delivery service.
The tests are expected to take place in...more
If you clicked on this post, that means you probably fall into one of two categories. Category 1: You are really tired of having to come up with – and remember – increasingly more complicated passwords, only to then be asked...more
9/20/2018
/ Authentication ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Passwords ,
Popular ,
Risk Management ,
Security Risk Assessments
Self-driving cars and related legal issues have captivated the cybersecurity world as of late. And with good reason. In 2018 we saw the first fatality associated with a self-driving Uber, adding to the growing attention paid...more
5/15/2018
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Automotive Industry ,
Connected Cars ,
Cybersecurity ,
Driverless Cars ,
Innovative Technology ,
Manufacturers ,
Motor Vehicles ,
NTSB ,
Popular ,
Regulatory Standards ,
Safety Standards ,
State and Local Government ,
Uber
According to most in the automotive industry, a world where self-driving cars and fully automated trucks begin to fill our intersections and highways is still at least a decade or so away. Creative theories abound for how...more
2/28/2018
/ Automotive Industry ,
Commercial Truck Drivers ,
Connected Cars ,
Cybersecurity ,
Driverless Cars ,
EU ,
Japan ,
Popular ,
Privacy Concerns ,
Trucking Industry ,
V2V
Unless you have been living under a rock, you are probably aware that companies are suffering cyber attacks that jeopardize sensitive company or customer data more and more frequently. What you may not know is that even more...more
10/24/2017
/ Breach Notification Rule ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cyber Insurance ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Popular ,
Training