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…
When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit
March 4, 2020
by Devin R. Bates
In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later search uncovered candy right where the student said it would be. A search…
Court of Appeals Limits Defendant's Right to Allocate Fault to Nonparties
The Arkansas Court of Appeals recently limited a defendant’s right to allocate fault to nonparties. The allocation of fault to nonparties has long been a source of confusion and uncertainty for litigants in Arkansas. This is in part due to tension between the judiciary and the legislature over tort…
Products Liability Series: Does Arkansas Law Require an Expert Witness?
Does Arkansas products liability law require an expert witness? Technically, the answer is “it depends.” But for a plaintiff to make a claim in a products case, the answer is almost always “yes.” Rule. The general rule of when an expert witness is required is that for plaintiff to meet their burden…