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Non-Profit Hospital Real Property Potentially Exempt from County Property Taxes

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

Winning Early in Complex Business Litigation Alleging Fraud

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

Beer Businesses Strike State Law Showing it Unconstitutionally Interferes with Their Commercial Free Speech Rights

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

Business Defeats Certification of Nationwide Class Action in Eighth Circuit Appeal

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

Are Hospital Clinics Tax Exempt in Arkansas? Court of Appeals Weighs in on the Bounds of the Public-Charity Tax Exemption

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

How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."

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

Forum Shopping in Federal Court – the Urban Legend of Divisional Venue

Civil litigators in Arkansas commonly contemplate and strategize about venue, especially in the state court system. This has to do, in part, with the myriad of venue statutes out there that can be a trap for the unsuspecting....more

In High-Stakes Business Litigation, All-or-Nothing Approach in Complaint Leaves Directors with Nothing

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

On the Cutting Edge of the Arkansas Freedom of Information Act: 2019 Legislative Changes and Updates

As is the case seemingly anytime that the General Assembly is called to session, this year they made some notable changes to the Arkansas Freedom of Information Act. Several of those changes went into effect last month, and...more

Business Has Standing to Challenge State Restriction by Alleging it Unconstitutionally Interferes with Commerce

A big win for farmers and small businesses alike, this recent opinion from the Eighth Circuit recognizes the right to challenge a state law alleged to unconstitutionally impede the free market, even where the law hasn’t yet...more

What is Arkansas' Pre-Judgment Interest Rate? A Vexing Question with No Clear Answer.

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

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