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
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
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
Earlier this year, the Arkansas Supreme Court handed down a case that reduced the ability to sue the State. See Board of Trustees of the University of Arkansas v. Andrews. This decision has been controversial; it has already...more