Are You Immune? Your Business May Be: Executive Order Protects Businesses from Civil Liability Due to COVID-19 Exposure
In a bit of much needed good news for Arkansas businesses during the current COVID-19 crisis, on June 15, 2020, Governor Asa Hutchinson signed Executive Order 20-33 (the “Order”) which provides businesses immunity from civil liability as a result of exposure to COVID-19. The threat of litigation…
May the "Force" Majeure Be With You: Is COVID-19 a Force Majeure Event?
The COVID-19 pandemic has impacted all aspects of our daily interactions. And, its effect on many businesses’ ability to function cannot be overstated. It has been devastating. As you are well aware, the pandemic has also added a number of new words and phrases to our vocabulary—“social…
8th Circuit Affirms that the Reasonable-Basis Defense to Negligence Tax Penalty Requires Actual Reliance on the Relevant Authority
The Internal Revenue Regulations provide for a defense from the 20% negligence penalty imposed under Section 6662(a) of the Internal Revenue Code only where the taxpayer’s “return position is reasonably based on one or more [relevant] authorities.” 26 C.F.R. § 1.6662-3(b)(3) (emphasis added). In…
COVID-19 Lawsuits: Current Trends and What We Can Expect
In the less than two-month period since the first confirmed case of COVID-19 was reported in the United States, courts at both the state and federal levels have seen a steady rise in the number of COVID-19 lawsuits filed. The first of these lawsuits was filed on March 9, by a couple quarantined on…
Products Liability Series: What is the Statute of Limitations on a Products Claim Under Arkansas Law?
For a products liability claim in Arkansas, the general rule is that a lawsuit shall be commenced within three years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-203. In this week’s installment of the Mitchell Williams Products Liability Series…