Reported Decisions
A Blog
Closely Divided Supreme Court Finds Error of Law in Child Support Appeal, but Still Affirms; Trial Counsel’s Efforts Described as “Herculean.”
The Arkansas Supreme Court decided the appeal in Tammye Hall v. Justin Hall by a 4-3 vote last week (September 19, 2013). A link to the decision and dissent is here: http://opinions.aoc.arkansas.gov/WebLink8/0/doc/317680/Electronic.aspx This is the second reported...
Supreme Court Appoints a Special Task Force
On August 2, 2013, the Arkansas Supreme Court issued a per curiam opinion appointing a ten member task force to: [r]eceive input on any perceived problems with and recommended changes to the Arkansas Rules of Civil Procedure involving parties, liability, and damages...
Annual Recommendations of the Committee on Civil Practice
SUPREME COURT OF ARKANSAS -- IN RE RECOMMENDATIONS OF THE COMMITTEE ON CIVIL PRACTICE Per Curiam Opinion Delivered June 20, 2013 2013 Ark. 278 Click here for the full text: http://opinions.aoc.arkansas.gov/WebLink8/0/doc/316775/Electronic.aspx This per curiam contains...
New Cover Sheets Required for Appeals
"The Clerk of the Supreme Court and Court of Appeals is implementing a new case management system, and in connection with this system, the clerk studied the use of cover sheets in initiating cases. Cover sheets have been in use in our circuit courts for a number of...
Hollandsworth Presumption Applies to Joint Legal Custody (Based on a 5-4 decision of the Court of Appeals)
The Arkansas Court of Appeals continues to grapple with the application of Hollandsworth v. Knyzweski, 353 Ark. 470, 109 S.W.3d 653 (2003). Hollandsworth announced a presumption in favor of a custodial parent's relocation, and that relocation alone would not...
New Rule 1-8 Effective August 1, 2013
Starting August 1st, all briefs and motions filed in Arkansas appellate courts must also include a PDF file. Here is an excerpt from the new rule: (a) Motions, petitions, writs, briefs, responses, and replies filed in the appellate court, except those filed...
Electronic Filing in Arkansas Appeals
From the Arkansas Judiciary website: In anticipation of coming e-filing, the Supreme Court will allow filers to submit electronic versions of filings in addition to traditional paper filings, starting August 1. Pilot program for electronic briefs will end July 31....
8th Circuit Affirms Substantial Default Judgment, Strikes Arguments Made for the First Time in Reply Brief
Congratulations to Matt Lindsay for prevailing in this appeal. The short per curiam decision has limited precedential value, but it is interesting that the panel granted our motion to strike parts of the appellant's reply brief where they raised arguments that were...
Summary Judgment Affirmed in Malpractice Case Based on “Locality Rule.” Arguments Raised for the First Time in a Motion for Reconsideration Will Not Be Considered on Appeal.
This decision handed down today (June 5, 2013) by the Arkansas Court of Appeals affirmed a trial court's order granting summary judgment in a malpractice case. The plaintiff developed an infection at an epidural site. She alleged the infection would not have...
A Sharply Divided Arkansas Supreme Court on Preservation Pitfalls
On May 16, 2013, the Arkansas Supreme Court issued a decision in TEMCO v. Gann, 2013 Ark. 202. Like many decisions this term, the Court was sharply divided, with two dissents joined by three members of the Court. The crux of the decision was whether three of the...
8th Circuit Affirms $1 million Verdict in Trucking Case
The remarkable thing about this case is it was tried to a jury verdict twice. And both juries awarded $1,000,000. There is also an interesting discussion of whether anatomical drawings used by a witness were substantive or merely demonstrative. Click here for the...
Summary judgment based on proximate cause affirmed in malpractice case
The Arkansas Court of Appeals affirmed summary judgment granted in favor a surgeon. Black v. Rowen, 2013 Ark. App. 349. (Here is the link: http://opinions.aoc.arkansas.gov/WebLink8/0/doc/316114/Electronic.aspx ) The plaintiff alleged the surgeon lacked the skill to...