How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."
A plaintiff filed a class-action complaint in state court alleging a potential liability of $2.9 million to the class, plus fees and punitive damages. The defendant conducted its own calculation and determined that the amount in controversy in the case could plausibly top $5 million, thus crossing…
Proceeding Without Local Counsel—lawyer beware!
September 13, 2019
by Devin R. Bates
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…
Forum Shopping in Federal Court – the Urban Legend of Divisional Venue
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”…
In High-Stakes Business Litigation, All-or-Nothing Approach in Complaint Leaves Directors with Nothing
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…
On the Cutting Edge of the Arkansas Freedom of Information Act: 2019 Legislative Changes and Updates
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…