Products Liability Series: Can a Plaintiff Pursue Punitive Damages From Multiple Defendants?
Can a plaintiff pursue punitive damages from multiple defendants? Yes, but this comes with significant limitations for the plaintiff. Pursuing relief from multiple defendants generally results in the conclusion that joint tortfeasors may be held jointly and severally liable.[1] However, when…
Arkansas Supreme Court Upholds Validity of Class-Action Waiver Clause Even In Absence of Arbitration Clause
July 25, 2022
by Audra K. Hamilton
Arbitration agreements and class-action waivers have been important tools for employers seeking to reduce expense and exposure in cases brought by employees. These legal instruments have begun to be limited, though. Recently, Congress amended the Federal Arbitration Act to invalidate arbitration…
Tips, Tip Pooling, and Tip Credits: What is a Restaurant Legally Allowed to do with its Tips?
July 25, 2022
by Cara D. Butler
Employees in a restaurant setting often receive tips, and employers often take a “tip credit” toward the minimum wage that they have to pay (allowing the employer in Arkansas to pay $2.63/hour to the tipped employee if the tipped employee receives at least $8.37 per hour in tips to make up the…
Licenses and the Law Series, Part X: A Review
July 13, 2022
by Stuart P. Miller
In addition, this article was co-authored by former Attorneys Lindsey Vechik and Peyton Hildebrand. In this final article, we want to leave you with a review of the major takeaways. First, check your liability insurance as soon as you receive a complaint against your license, and report the claim…
Non-Compete Agreements: Are They Enforceable in Contracts for Medical Services?
Yes, but with caveats. For non-compete agreements in Arkansas, there are separate rules for non-medical and medical employees. This variance stems from Arkansas’ non-compete statute, which applies to non-medical employees, but expressly does not apply to medical employees. Ark. Code Ann. §…