May the "Force" Majeure Be With You: Is COVID-19 a Force Majeure Event?
The COVID-19 pandemic has impacted all aspects of our daily interactions. And, its effect on many businesses’ ability to function cannot be overstated. It has been devastating. As you are well aware, the pandemic has also added a number of new words and phrases to our vocabulary—“social…
Lenders Should Use COVID-19 Extensions And Forbearances To Review Loan Documents To Identify and Address Potential Security and Collateral Issues
As lenders are undoubtedly aware, the coronavirus/COVID-19 outbreak has or will cause significant issues with payments from their borrowers as the pandemic sends shockwaves through the economy. Extensions on current, distressed, and past due loans will be the norm for the next few months at least…
When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit
March 4, 2020
by Devin R. Bates
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 search uncovered candy right where the student said it would be. A search…
Court of Appeals Limits Defendant's Right to Allocate Fault to Nonparties
The Arkansas Court of Appeals recently limited a defendant’s right to allocate fault to nonparties. The allocation of fault to nonparties has long been a source of confusion and uncertainty for litigants in Arkansas. This is in part due to tension between the judiciary and the legislature over tort…
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 company, purchased a printing press from the defendant technology company. Four…