Taking Control of a Dispute by Filing a Declaratory Judgment and Setting the Stage for a Successful Appeal
For companies involved in an active dispute, filing a declaratory judgment often offers a way to take control of the situation. This strategy comes with significant advantages that not only help pave the way for successful litigation, but also have significant impacts for how an appellate attorney…
Peer Review Immunity is a Bar to Doctor's Allegations of Defamation
When a doctor is subject to a formal peer review proceeding, those involved must pay close attention to the medical staff bylaw and any hospital policies, procedures, and rules governing the process. These protections require a high degree of confidentiality, to protect the physician subject to…
Non-Compete Agreement Litigation: Lessons from Recent Eighth Circuit Case
Litigation over non-compete agreements can be complex, involving simultaneous lawsuits in different states, timely legal maneuvering, and substantial organizational challenges. The stakes are often high. Litigating in this area involves developing a strategy, and constantly revising that strategy…
Products Liability Series: Does Arkansas Recognize Market Share Liability as a Theory of Liability?
No. Arkansas has not adopted alternative or market share liability, but has retained the traditional requirement of proximate cause in all tort cases. See Woodward v. Blythe, 249 Ark. 793, 462 S.W.2d 205 (1971). To prove a products liability case in Arkansas, a plaintiff must show that a product…
Products Liability Series: Can an Expert Witness Merely Reiterate Others' Opinions?
No. An expert cannot merely reiterate, vouch for, or bolster the opinions of someone else, as this is improper and inadmissible. Ark. R. Evid. 702; Food, Inc. v. Indus. Risk Insurers, No. 5:13-CV-05204, 2015 WL 12914256, at *2 (W.D. Ark. Oct. 6, 2015) (holding that expert could not offer opinions…