Between the Lines Blog
Products Liability Series: What Is Arkansas' Law on Causation for a Products Claim?
What is Arkansas’ law on causation for a products claim? The mere fact of an accident does not establish liability, nor does the fact that the product was found in a defective condition after an accident. Williams v. Smart Chevrolet Co., 292 Ark. 376, 730 S.W.2d 479 (1987) (automobile door). In…
Estate Planning and Cryptocurrency
November 16, 2022
by Jennifer R. Pierce
Digital assets, such as cryptocurrency, are becoming a larger component of investors’ portfolios. More and more people are owning some form of cryptocurrency. Cryptocurrency creates unique challenges for estate planning because (i) there is no personally identifiable information associated with…
Products Liability Series: What Is the Definition of "Defective Condition" Under Arkansas Law?
What is the definition of “defective condition” under Arkansas law? “Defective condition” is defined by statute to mean “a condition of a product that renders it unsafe for reasonably foreseeable use and consumption.” Ark. Code Ann. § 16-116-202(2). In making this determination, Arkansas follows…
Products Liability Series: Does Arkansas Law Recognize a Strict Liability Products Claim?
Does Arkansas law recognize a strict liability products claim? Yes. Despite the absence of any contractual relationship, the supplier of a product in Arkansas is subject to liability in damages for harm to a person or property if (1) the supplier is engaged in the business of manufacturing…
Practice Pointer: Orders Drafted by Opposing Counsel
Even the best litigator loses on a motion every now and then. When that happens in Arkansas state court, oftentimes the judge may file a verbatim order drafted by opposing counsel as the final order. Sometimes these orders have discrepancies between what the judge said at the conclusion of the…
Arkansas Environmental, Energy, and Water Law Blog
Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Baton Rouge, Louisiana, Specialty Monomers Production Facility Enter into Consent Agreement
November 28, 2022
by Walter G. Wright, Jr.
The Untied States Environmental Protection Agency (“EPA”) and Deltech Monomers Op Co, LLC (“Deltech”) entered into a November 10th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource Conservation and Recovery Act (“RCRA”) regulations. See Docket No…
Arkansas Pollution Control and Ecology Commission Meeting – Friday, December 2nd
November 28, 2022
by Walter G. Wright, Jr.
The Arkansas Pollution Control and Ecology Commission (“Commission”) is the environmental policy-making body for Arkansas. The Commission, with certain exceptions, meets on a monthly basis. The Commission will meet Friday, December 2nd, at 10 a.m. in the Commission Room located at the Arkansas…
Air Enforcement: Mississippi Commission on Environmental Quality and Blue Mountain Mining Facility Enter into Agreed Order
November 28, 2022
by Walter G. Wright, Jr.
The Mississippi Commission on Environmental Quality (“MCEQ”) and Blue Mountain Production Company (“Blue Mountain”) entered into an October 24th Agreed Order (“AO”) addressing alleged violation of a Clean Air Act Title V Operating Permit (“Permit”). See Order 7221 22. Blue Mountain operates a…
Coal Combustion Residue/Citizen Suit Enforcement: Mobile Baykeeper, Inc.: U.S. District Court Complaint Filed Addressing Alabama Power Company Electric Generating Plant Impoundment
November 23, 2022
by Walter G. Wright, Jr.
The Southern Environmental Law Center (“SELC”) on behalf of Mobile Baykeeper, Inc., filed a Complaint in the United States District Court (Southern District of Alabama) against Alabama Power Company (“APC”) addressing a coal combustion residue (“CCR”) impoundment at the James M. Barry Electric…
Alabama Department of Environmental Management and Perry County Landfill Enter into Consent Order
November 23, 2022
by Walter G. Wright, Jr.
The Alabama Department of Environmental Management (“ADEM”) and Perry County Associates, LLC (“PCA”) entered into a November 9th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code solid waste provisions. See CO No. 22-XXX-CSW. The CO provides that PCA operates a…