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Between the Lines Blog

Proceeding Without Local Counsel—lawyer beware!
Category: Appellate Law, Litigation
Arkansas law is clear that “pleadings filed on behalf of another by a person not licensed to practice law in [Arkansas] are a nullity.” DeSoto Gathering Co. v. Hill, 531 S.W.3d 396, 403 (Ark. 2017). Normally, this means that out-of-state lawyers associate with local counsel or make a motion to…
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Forum Shopping in Federal Court – the Urban Legend of Divisional Venue
Category: Litigation
Civil litigators in Arkansas commonly contemplate and strategize about venue, especially in the state court system. This has to do, in part, with the myriad of venue statutes out there that can be a trap for the unsuspecting. It also has to do with the seemingly ever-changing “general venue”…
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In High-Stakes Business Litigation, All-or-Nothing Approach in Complaint Leaves Directors with Nothing
Category: Appellate Law, Insurance, Litigation
In a complex business dispute between four different corporations, involving multiple lawsuits and arbitrations, top level directors of a corporation are left without coverage under their D&O insurance policy after personally being made defendants. A recent opinion by the U.S. Court of Appeals for…
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On the Cutting Edge of the Arkansas Freedom of Information Act: 2019 Legislative Changes and Updates
Category: Legislative Updates, Litigation
As is the case seemingly anytime that the General Assembly is called to session, this year they made some notable changes to the Arkansas Freedom of Information Act. Several of those changes went into effect last month, and it would be worthwhile for bodies subject to FOIA to brush up on the new…
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Litigating Through Layers of Insurance
Category: Appellate Law, Insurance, Litigation
A business concedes that it made a mistake, but pleads for mercy with the jury and asks for a reasonable amount of damages. A jury ultimately awards $6 million. There are several insurance policies involved. Who is left holding the bag? In an opinion announced this week by the Eighth Circuit Court…
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