Case law informs the definition of “trade secret” which assists us as we prospectively counsel clients and litigate trade secret cases. In addition to the statutory definitions of “Trade Secret” that control what’s included...more
What is Arkansas’ law on Comment K to Section 402A of the Restatement (Second) of Torts? Arkansas follows comment k to Section 402A of the Restatement (Second) of Torts with regard to unavoidably unsafe products. This is an...more
What is the interplay between Arkansas Workers’ Compensation and Products Liability Actions? Under Arkansas law, an employee’s exclusive remedy for claims for work-related injuries against an employer is through the Arkansas...more
Does a supplier of a defective product have recourse against a manufacturer? Yes. By statute, Arkansas has created indemnification rights accruing in favor of product suppliers. When a supplier of a defective product is not...more
Does Arkansas law recognize a cause of action for failure to warn? Yes. Failure to warn claims may be applicable against both manufacturers and suppliers. A manufacturer of a product has a duty to give a reasonable and...more
Does Arkansas law recognize a strict liability products claim? Yes. Despite the absence of any contractual relationship, the supplier of a product in Arkansas is subject to liability in damages for harm to a person or...more
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
Should a trial be bifurcated when plaintiff seeks punitive damages? Yes. Arkansas rules require a separate trial, on the motion of any party, to determine the amount of punitive damages. Ark. R. Civ. P. 42 (Addition to...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
Recently, state legislatures all over the country have proposed or passed state laws seeking to ban the teaching of Critical Race Theory (CRT) in public school classrooms, sparking legal challenges and public outcry on both...more
No. Arkansas has not adopted alternative or market share liability, but has retained the traditional requirement of proximate cause in all tort cases. See Woodward v. Blythe, 249 Ark. 793, 462 S.W.2d 205 (1971). To prove a...more
No. Medical monitoring may possibly be treated as a type of damages, but is not a separate cause of action in Arkansas.
The Rule. Although the case law on this topic is scant in Arkansas, in one case the Arkansas Supreme...more
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
Double-check the Tax Man by Double-checking your Parcel Usage -
Understandably, most hospital accounts payable departments are good at paying bills that come in the mail. However, when it comes to paying any bills that...more
Earlier this week, the Mitchell Williams education law blog reported on a school that recently was found to have run afoul of the First Amendment when they suspended a student for bullying. First Amendment issues in the...more