Non-Compete Agreement Litigation: Lessons from Recent Eighth Circuit Case
Litigation over non-compete agreements can be complex, involving simultaneous lawsuits in different states, timely legal maneuvering, and substantial organizational challenges. The stakes are often high. Litigating in this area involves developing a strategy, and constantly revising that strategy…
Injured Workers Cannot Use the Declaratory Judgment Act to Avoid Exclusive Jurisdiction in the Workers' Compensation Commission
The Arkansas Supreme Court recently handed down an opinion that should reassure employers dealing with an incident involving a workplace injury. The Court affirmed that disputes over such injuries belong in the Workers’ Compensation Commission (“Commission”) and that an employee may not utilize the…
Court of Appeals Distinguishes Between Possible and Probable Causes, Affirming Directed Verdict in Products Liability Case
The Arkansas Court of Appeals recently emphasized that a plaintiff must put on evidence during her case-in-chief to eliminate other causes that may fairly arise from the evidence. Otherwise, there is no question for the jury on proximate cause. The dispute in Miaoulis v. Toyota, 2021 Ark. App. 19…
Securities Litigation Results in Win for Broker and Clarifies Law in the Eighth Circuit
January 4, 2021
by Devin R. Bates
Through an investment bank (acting as broker), clients invested in Reverse Convertible Notes (RCNs). RCNs are a complex “structured financial product” that is sometimes championed as a high-yield, short-term investment promising above-market interest payments but is nonetheless viewed as “perhaps…
Product Liability Appeal Won Due to Analytical Gaps in Plaintiff's Expert Witness Opinion
In a negligence and failure-to-warn case brought against a product distributor, the plaintiff was relying on their expert witness as the sole means to prove that the product at issue came from the defendant. However, the plaintiff’s expert witness failed to pass muster under the relevant legal test…