Between the Lines Blog

Court of Appeals Limits Defendant's Right to Allocate Fault to Nonparties
Category: Appellate Law, Litigation, Products Liability
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…
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Winning Early in Complex Business Litigation Alleging Fraud
Category: Appellate Law, Business, Eighth Circuit Appellate , Litigation
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…
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Beer Businesses Strike State Law Showing it Unconstitutionally Interferes with Their Commercial Free Speech Rights
Category: Appellate Law, Business, Eighth Circuit Appellate , Litigation
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…
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School Not Required to Pay Attorneys' Fees Even Where IDEA Violation Found
Category: Appellate Law, Education, Eighth Circuit Appellate , Litigation
A hearing officer with the Arkansas Department of Education (“ADE”) finds that a school violated the Individuals with Disabilities Education Act (“IDEA”) by failing to evaluate and develop a behavior intervention plan (“BIP”) to address a student’s behavior deficits. Under the IDEA, this…
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Crop Insurance Dispute Wrapped in Red Tape: One Farmer's Uphill Battle to Overturn Arbitration
Category: Agriculture , Appellate Law, Eighth Circuit Appellate , Litigation
A farmer who lost a crop insurance dispute at arbitration took his insurance company to federal district court, filing a motion to vacate the arbitration award. When the lower court split the baby, the farmer and the insurer cross-appealed. In a recently announced opinion, the Eighth Circuit sided…
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