School Not Required to Pay Attorneys' Fees Even Where IDEA Violation Found
December 30, 2019
by Devin R. Bates
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…
Crop Insurance Dispute Wrapped in Red Tape: One Farmer's Uphill Battle to Overturn Arbitration
December 19, 2019
by Devin R. Bates
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…
Business Recovers Millions in Fees, Expenses, and Costs After Claims by EEOC Found to be "Frivolous"
A district court awarded nearly $4.7 million in fees, expenses, and costs to a trucking business after the court found Title VII claims brought by the Equal Employment Opportunity Commission (“EEOC”) to be “frivolous, unreasonable and/or groundless.” Title VII permits courts to exercise discretion…
I-630 Widening/National Environmental Policy Act: Eighth Circuit Court of Appeals Addresses U.S. District Court Decision Denying Motion for TRO
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a December 6th opinion an appeal from a United States Court of the Eastern District of Arkansas (“District Court”) decision that denied a request for a temporary restraining order (“TRO”) for an alleged…
Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit
In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a successful motion to dismiss for failure to state a claim and was dismissed from…