State AG Pulse | Bless Your Heart, Arkansas
Even though construction cases often involve colorful facts, legal opinions are often quite boring. When a judge writes a colorful opinion about an otherwise boring case, we tip our hat. This week we tip our hat to Judge...more
The Arkansas Court of Appeals (Division 1)(“ACA”) addressed in a February 1st Opinion a challenge to restrictions by a private entity on the use of a lake. See The AGRED Foundation v. Friends of Lake Erling Association, No....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
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
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court (“Eastern District –...more
...Arkansas is one of the highest licensing states, meaning it licenses more occupations than most other states. Accordingly, Arkansas has numerous licensing boards. From the obvious, i.e., the Arkansas State Medical Board,...more
The Arkansas Court of Appeals (“ACA”) addressed in a February 2nd Opinion an issue arising out of a municipality’s use of statutory condemnation authorities to construct a treated-water transmission line....more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 9th Opinion an issue arising out of a judicial challenge to an Arkansas statute addressing the unauthorized access to...more
In a surprising move, the Arkansas General Assembly overrode long-standing Arkansas common law that permits an insured to change a beneficiary of an insurance policy via will. On April 26, 2021, Governor Asa Hutchison signed...more