Proceeding Without Local Counsel—lawyer beware!
September 13, 2019
by Devin R. Bates
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…
In High-Stakes Business Litigation, All-or-Nothing Approach in Complaint Leaves Directors with Nothing
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…
Litigating Through Layers of Insurance
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…
Business Has Standing to Challenge State Restriction by Alleging it Unconstitutionally Interferes with Commerce
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…