The Art of Preparation: Cross-Examining Difficult Experts
An expert witness may be difficult for a variety of reasons. The expert may be likeable and persuasive to the jury. The expert may be arrogant and refuse to acknowledge even obvious points. The expert may be openly combative and aggressive. But no matter why the expert is difficult, he or she…
Products Liability Series: What is Arkansas' Law on Joint and Several Liability?
Arkansas limits a judgment against a defendant to no more than its proportional share of the damages. In other words, damages are allocated to a defendant in direct proportion to that defendant’s percentage of fault. For example, when a product manufacturer and a product seller are found to be 10%…
Beer Businesses Strike State Law Showing it Unconstitutionally Interferes with Their Commercial Free Speech Rights
The Eighth Circuit Court of Appeals recently upheld a District Court’s decision to strike down a state law that placed severe restrictions on alcohol advertising. For example, under the law, Joe’s Bar could run the ad, “Drink Coors Light, now available at Joe’s Bar,” but a beer producer or beer…
School Not Required to Pay Attorneys' Fees Even Where IDEA Violation Found
December 30, 2019
by Devin R. Bates
A hearing officer with the Arkansas Department of Education (“ADE”) finds that a school violated the Individuals with Disabilities Education Act (“IDEA”) by failing to evaluate and develop a behavior intervention plan (“BIP”) to address a student’s behavior deficits. Under the IDEA, this…
Crop Insurance Dispute Wrapped in Red Tape: One Farmer's Uphill Battle to Overturn Arbitration
December 19, 2019
by Devin R. Bates
A farmer who lost a crop insurance dispute at arbitration took his insurance company to federal district court, filing a motion to vacate the arbitration award. When the lower court split the baby, the farmer and the insurer cross-appealed. In a recently announced opinion, the Eighth Circuit sided…