Our business clients tell us everyday what we are all seeing in the headlines on a regular basis: employees are hard to hire and retain. Some commentators have coined the term “the great resignation” to aptly describe the...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
The U.S. Supreme Court ruled on June 23, 2021 that a public high school student’s off-campus social media postings in which she used vulgar language and disparaged school programs constituted protected speech under the First...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
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. An expert cannot merely reiterate, vouch for, or bolster the opinions of someone else, as this is improper and inadmissible. Ark. R. Evid. 702; Food, Inc. v. Indus. Risk Insurers, No. 5:13-CV-05204, 2015 WL 12914256, at...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
The answer to this question varies widely from state to state. But in Arkansas “the violation of a statute is only evidence of negligence and does not constitute negligence per se.” Cent. Oklahoma Pipeline, Inc. v. Hawk Field...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
Yes, but there is a right and wrong way to go about it. And of course, there are exceptions. But more importantly, while an employer can institute such a requirement, the better question to ask might be—should they?...more
1/8/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
EEO ,
Employee Training ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Personal Information ,
Reasonable Accommodation ,
Religious Exemption ,
Vaccinations
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
Companies generally know that certain whistleblowing activities are protected. But this protection is not absolute, and not everything that employees think is whistleblowing actually meets the legal definition necessary for...more
Employers in all shapes and sizes often face the tricky decision of how to classify their workers: are they employees or independent contractors? The answer is not always straightforward, and making a mistake upfront can have...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
Schools sometimes find themselves needing to walk a fine but complicated line, whereby they curtail bullying but also balance the right to free speech. One recent case illustrates this point. A high school sophomore...more
An Arkansas school had an unwritten policy of restricting tabling to registered student organizations and school departments. At least generally, there was no problem with this policy. However, as applied to one particular...more
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) into law. The Act includes several provisions that benefit qualified nonprofit organizations, including the Paycheck...more
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
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
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
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