Products Liability Series: Does Arkansas Law Recognize a Claim for Medical Monitoring?
No. Medical monitoring may possibly be treated as a type of damages, but is not a separate cause of action in Arkansas. The Rule. Although the case law on this topic is scant in Arkansas, in one case the Arkansas Supreme Court acknowledged that there is no standalone claim for medical monitoring…
Products Liability Series: Is the Violation of a Statute Negligence Per Se?
The answer to this question varies widely from state to state. But in Arkansas “the violation of a statute is only evidence of negligence and does not constitute negligence per se.” Cent. Oklahoma Pipeline, Inc. v. Hawk Field Servs., LLC, 2012 Ark. 157, 17, 400 S.W.3d 701, 712 (2012); Shannon v…
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…
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…