Litigating Through Layers of Insurance
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…
Business Has Standing to Challenge State Restriction by Alleging it Unconstitutionally Interferes with Commerce
A big win for farmers and small businesses alike, this recent opinion from the Eighth Circuit recognizes the right to challenge a state law alleged to unconstitutionally impede the free market, even where the law hasn’t yet been enforced. The Eighth Circuit sided with small farm wineries in holding…
UPDATE - Big Win for Arkansas Hospitals: protecting the quality assurance process
Last month, we wrote that the Arkansas Court of Appeals had recently affirmed the critically important quality-assurance privilege in Arkansas, codified at Arkansas Code Annotated section 16-46-105. We also noted that that the Plaintiff was seeking review of the Court of Appeals’ decision with the…
Big Win for Arkansas Hospitals: Protecting the Quality Assurance Process
The Arkansas Court of Appeals recently affirmed the critically important quality-assurance privilege in Arkansas, codified at Arkansas Code Annotated section 16-46-105. At issue was whether a hospital must convene a formal committee in order to trigger the protections of the privilege, or whether…
MDLs and Bellwether Trials: What are they?
What is an MDL? And, what is a bellwether trial? (The name certainly is funny and – at first glance – tells you nothing about the type of trial it seeks to describe.) How are MDLs and bellwether trials related? What purpose do they serve? These were all questions I found myself asking when I first…