Between the Lines Blog

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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Litigating Through Layers of Insurance
Category: Appellate Law, Eighth Circuit Appellate , Insurance, Litigation
A business concedes that it made a mistake, but pleads for mercy with the jury and asks for a reasonable amount of damages. A jury ultimately awards $6 million. There are several insurance policies involved. Who is left holding the bag? In an opinion announced this week by the Eighth Circuit Court…
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Business Has Standing to Challenge State Restriction by Alleging it Unconstitutionally Interferes with Commerce
Category: Agriculture , Appellate Law, Eighth Circuit Appellate , Litigation
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 been enforced. The Eighth Circuit sided with small farm wineries in holding…
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