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Arkansas Business Fights NLRB to the Eighth Circuit
Category: Appellate Law, Business, Eighth Circuit Appellate , Employment, Litigation
A recent Eighth Circuit Court of Appeals opinion should serve as a reminder to Arkansas businesses that the National Labor Relations Board (“NLRB”) (the federal governmental agency responsible for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices) remains…
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Good Deal or Bad? Complex Commercial Litigation Even When You've Done Everything Right
Category: Appellate Law, Business, Eighth Circuit Appellate , Litigation
A business swoops in and buys substantially all of the assets of a competitor in distress, but first does its due diligence and discovers the skeletons in the closet. The purchaser expressly does not assume the competitor’s liabilities or obligations. The purchaser does everything by-the-book, and…
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How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."
Category: Appellate Law, Class Action, Eighth Circuit Appellate , Litigation
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 in controversy in the case could plausibly top $5 million, thus crossing…
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Proceeding Without Local Counsel—lawyer beware!
Category: Appellate Law, Eighth Circuit Appellate , Litigation
Arkansas law is clear that “pleadings filed on behalf of another by a person not licensed to practice law in [Arkansas] are a nullity.” DeSoto Gathering Co. v. Hill, 531 S.W.3d 396, 403 (Ark. 2017). Normally, this means that out-of-state lawyers associate with local counsel or make a motion to…
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In High-Stakes Business Litigation, All-or-Nothing Approach in Complaint Leaves Directors with Nothing
Category: Appellate Law, Eighth Circuit Appellate , Insurance, Litigation
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 being made defendants. A recent opinion by the U.S. Court of Appeals for…
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