Forum Shopping in Federal Court – the Urban Legend of Divisional Venue
Civil litigators in Arkansas commonly contemplate and strategize about venue, especially in the state court system. This has to do, in part, with the myriad of venue statutes out there that can be a trap for the unsuspecting. It also has to do with the seemingly ever-changing “general venue”…
In High-Stakes Business Litigation, All-or-Nothing Approach in Complaint Leaves Directors with Nothing
In a complex business dispute between four different corporations, involving multiple lawsuits and arbitrations, top level directors of a corporation are left without coverage under their D&O insurance policy after personally being made defendants. A recent opinion by the U.S. Court of Appeals for…
On the Cutting Edge of the Arkansas Freedom of Information Act: 2019 Legislative Changes and Updates
As is the case seemingly anytime that the General Assembly is called to session, this year they made some notable changes to the Arkansas Freedom of Information Act. Several of those changes went into effect last month, and it would be worthwhile for bodies subject to FOIA to brush up on the new…
Litigating Through Layers of Insurance
A business concedes that it made a mistake, but pleads for mercy with the jury and asks for a reasonable amount of damages. A jury ultimately awards $6 million. There are several insurance policies involved. Who is left holding the bag? In an opinion announced this week by the Eighth Circuit Court…
Business Has Standing to Challenge State Restriction by Alleging it Unconstitutionally Interferes with Commerce
A big win for farmers and small businesses alike, this recent opinion from the Eighth Circuit recognizes the right to challenge a state law alleged to unconstitutionally impede the free market, even where the law hasn’t yet been enforced. The Eighth Circuit sided with small farm wineries in holding…