Winning Early in Complex Business Litigation Alleging Fraud
In a recent case alleging common law and consumer fraud, the Eighth Circuit Court of Appeals affirmed dismissal because the plaintiff failed to meet the requisite pleading standard. The plaintiff, a commercial printing company, purchased a printing press from the defendant technology company. Four…
Product Manufacturer Wins Strategic Victory at the Eighth Circuit Court of Appeals
Plaintiff sued a wood chipper manufacturer alleging products liability and failure to warn claims under both strict liability and negligence. The manufacturer filed timely, strategic motions resulting in dismissal of the lawsuit in federal district court. In this recent decision by the Eighth…
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…