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Supreme Court Protects Off-Campus Speech of Public School Student
Category: Appellate Law, Education, Litigation
The U.S. Supreme Court ruled on June 23, 2021 that a public high school student’s off-campus social media postings in which she used vulgar language and disparaged school programs constituted protected speech under the First Amendment. This decision signals the Court’s willingness to protect…
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Taking Control of a Dispute by Filing a Declaratory Judgment and Setting the Stage for a Successful Appeal
Category: Appellate Law, Coronavirus (COVID-19), Eighth Circuit Appellate , Litigation
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…
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Peer Review Immunity is a Bar to Doctor's Allegations of Defamation
Category: Appellate Law, Eighth Circuit Appellate , Health Care, Litigation
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…
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Non-Compete Agreement Litigation: Lessons from Recent Eighth Circuit Case
Category: Appellate Law, Eighth Circuit Appellate , Employment, Litigation
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…
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Injured Workers Cannot Use the Declaratory Judgment Act to Avoid Exclusive Jurisdiction in the Workers' Compensation Commission
Category: Appellate Law, Employment, Litigation
The Arkansas Supreme Court recently handed down an opinion that should reassure employers dealing with an incident involving a workplace injury. The Court affirmed that disputes over such injuries belong in the Workers’ Compensation Commission (“Commission”) and that an employee may not utilize the…
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