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
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
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 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
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