Does Arkansas law recognize a post-sale duty to warn? No. It has long been the conventional wisdom that Arkansas law does not recognize a post-sale duty to warn in the products liability context. However, this understanding...more
When are punitive damages awarded? Under Arkansas law, a statute affixes the standard for awarding punitive damages, and the key element is a showing of express or implied malice. Under this rule, punitive damages are...more
For companies involved in an active dispute, filing a declaratory judgment often offers a way to take control of the situation. This strategy comes with significant advantages that not only help pave the way for successful...more
When a doctor is subject to a formal peer review proceeding, those involved must pay close attention to the medical staff bylaw and any hospital policies, procedures, and rules governing the process. These protections require...more
Litigation over non-compete agreements can be complex, involving simultaneous lawsuits in different states, timely legal maneuvering, and substantial organizational challenges. The stakes are often high. Litigating in this...more
Through an investment bank (acting as broker), clients invested in Reverse Convertible Notes (RCNs). RCNs are a complex “structured financial product” that is sometimes championed as a high-yield, short-term investment...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
In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later...more
3/5/2020
/ Appeals ,
Appellate Courts ,
Assault ,
Dismissals ,
Due Process ,
Educational Institutions ,
Fourteenth Amendment ,
Fourth Amendment ,
Frivolous Lawsuits ,
Litigation Strategies ,
Negligence ,
Public Schools ,
Search & Seizure ,
Thirteenth Amendment
In a recent case alleging common law and consumer fraud, the Eighth Circuit Court of Appeals affirmed dismissal because the plaintiff failed to meet the requisite pleading standard. The plaintiff, a commercial printing...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
The Eighth Circuit Court of Appeals recently upheld a District Court’s decision to strike down a state law that placed severe restrictions on alcohol advertising. For example, under the law, Joe’s Bar could run the ad, “Drink...more
A district court awarded nearly $4.7 million in fees, expenses, and costs to a trucking business after the court found Title VII claims brought by the Equal Employment Opportunity Commission (“EEOC”) to be “frivolous,...more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a December 6th opinion an appeal from a United States Court of the Eastern District of Arkansas (“District Court”) decision that denied...more
12/12/2019
/ Appeals ,
Department of Transportation (DOT) ,
Environmental Impact Report (EIR) ,
Environmental Violations ,
Federal Highway Administration ,
Injunctive Relief ,
Interlocutory Appeals ,
Jurisdiction ,
NEPA ,
Public Agencies ,
Public Projects ,
TRO
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
A licensed teacher was investigated, but the case was closed without disciplinary action taken. The teacher was warned that the existence of the investigation and its outcome were to remain strictly confidential. The teacher...more
For hospitals that “serve a disproportionate number of indigent patients” Medicaid allows for supplemental payments to help ensure their financial viability. The calculation of those supplemental payments recently became the...more
11/19/2019
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Disproportionate Share Adjustments ,
Health Care Providers ,
Health Insurance ,
Hospitals ,
Medicaid ,
Medicare ,
Statutory Interpretation ,
Trade Associations
In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of...more
11/6/2019
/ Advertising ,
Appeals ,
Class Action ,
Class Certification ,
Consumer Protection Laws ,
Decertification ,
Defense Strategies ,
False Advertising ,
Forum State ,
Interlocutory Appeals ,
Multidistrict Litigation
It is widely recognized that the public-charity tax exemption in the Arkansas Constitution covers charitable hospitals, provided they meet certain criteria established by Arkansas Supreme Court case law. But what about a free...more
10/28/2019
/ 501(c)(3) ,
Appeals ,
Health Care Providers ,
Health Clinics ,
Hospitals ,
Non-Profit Hospitals ,
Outpatient Services ,
Property Tax ,
Public Charities ,
State Constitutions ,
Tax Assessment ,
Tax Exempt Entities
A recent Eighth Circuit Court of Appeals opinion should serve as a reminder to Arkansas businesses that the National Labor Relations Board (“NLRB”) (the federal governmental agency responsible for enforcing U.S. labor law in...more
A business swoops in and buys substantially all of the assets of a competitor in distress, but first does its due diligence and discovers the skeletons in the closet. The purchaser expressly does not assume the competitor’s...more
A plaintiff filed a class-action complaint in state court alleging a potential liability of $2.9 million to the class, plus fees and punitive damages. The defendant conducted its own calculation and determined that the amount...more
9/24/2019
/ Appeals ,
Attorney's Fees ,
CAFA ,
Calculation of Damages ,
Class Action ,
Diversity Jurisdiction ,
Federal Rules of Civil Procedure ,
Jurisdiction ,
Punitive Damages ,
Removal ,
Subject Matter Jurisdiction
In a complex business dispute between four different corporations, involving multiple lawsuits and arbitrations, top level directors of a corporation are left without coverage under their D&O insurance policy after personally...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
If you become engaged in litigation in Arkansas, the answer to this question can be worth hundreds of thousands of dollars in potential recovery or exposure. As such, pre-judgment interest is an important consideration. This...more