I’ve heard about this controversy for some time and, honestly, have given it very little thought. Recently, however, I read an article in the Arkansas Times, “Kid Gloves,” which caused me to consider the issues raised and, eventually, dismiss them. To read the Arkansas Times article, click here. The following is a summary of why [...]
Archive for February, 2009
In Focus: The potential conflict of interest relating to Judge Willard Proctor and Cycle Breakers.
Posted in Constitutional Law, Criminal Law, Ethics, In Focus on February 15, 2009 | 2 Comments »
Even though jury knew amount of policy limits, Arkansas Court of Appeals allows recovery of 12% penalty and attorney’s fees because insured never asked for policy limits at trial.
Posted in Insurance Law, Practice & Procedure on February 12, 2009 | 1 Comment »
State Farm Auto. Ins. Co. v. Stamps, No. CA08-750. This case involves a dispute between an insured and her insurance carrier over the insured’s entitlement to underinsured motorist benefits. The insured was in an automobile collision with a drunk driver and received the drunk driver’s policy limits of $50,000 for her damages. Her damages exceeded [...]
Eighth Circuit holds that damage actions under 49 U.S.C. 14704(a)(2) are subject to a four-year statute of limitations.
Posted in Practice & Procedure, Transportation Law on February 12, 2009 | Leave a Comment »
Owner-Operator Indep. Drivers Assoc. v. United Van Lines, LLC, No. 07-3829. Several individual owner-operators of tractor-trailers leased their trucks to United Van Lines, LLC (“United”). The owner-operators filed suit against United for violations of federal truth in leasing regulations. United file a motion to dismiss, arguing that the owner-operators’ claims were barred by the two-year [...]
Arkansas Supreme Court holds that Ark. Code Ann. 23-79-210 applies retroactively to self-insurance funds and pooled liability funds.
Posted in Practice & Procedure, Torts on February 12, 2009 | Leave a Comment »
Archer v. Sisters of Mercy Health Sys., No. 08-784. Plaintiffs filed this medical malpractice soon after Sowders v. St. Joseph’s Mercy Health Center was decided. The Sowders court held that self-insurance funds and pooled liability funds were not “insurance” that could be sued directly under the direct-action statute, Ark. Code Ann. 23-79-210. After the Sowders [...]
Arkansas Court of Appeals refuses to adopt the “discovery rule” regarding statute of limitations in legal malpractice cases.
Posted in Practice & Procedure, Torts on February 12, 2009 | Leave a Comment »
Rice v. Ragsdale, No. CA08-186. After the death of Winston Rice, Sr., plaintiffs hired the defendant attorneys to represent them in a medical negligence case. The defendant attorneys failed to obtain appointment of a personal representative of the estate or join all of the wrongful-death beneficiaries. After the statute of limitations ran on the medical [...]
California’s controversial furloughs are headed to court again.
Posted in Constitutional Law, Employment Law on February 11, 2009 | Leave a Comment »
To address California’s multimillion dollar budget deficit, Governor Schwarzenegger ordered that many state employees take unpaid leave for two days each month. Many people have protested the executive order including State Controller John Chiang. California state courts have upheld Governor Schwarzenegger’s authority to require furloughs in multiple cases filed by different state agencies. Governor Schwarzenegger [...]
California ordered to release 57,000 prisoners because of overcrowding and lack of medical care.
Posted in Constitutional Law, Criminal Law on February 10, 2009 | 2 Comments »
For a full account of this story, click here.
In Focus: Arkansas’s new animal cruelty law.
Posted in Animal Law, Criminal Law, Legislation on February 6, 2009 | Leave a Comment »
The stated purpose of the Act is to change animal cruelty from a misdemeanor to a felony. However, animal cruelty (mistreatment, killing, abandonment, etc.) is still only a misdemeanor. Ark. Code Ann. 5-62-101. Aggravated animal cruelty (torture) is now a Class D felony. Ark. Code Ann. 5-62-104. The Act changes the prohibition against dog fighting [...]
Eleventh Circuit upholds ban of children’s book concerning Cuba.
Posted in Constitutional Law on February 6, 2009 | Leave a Comment »
The Miami-Dade School Board removed the book, Vamos a Cuba, from circulation of some libraries after learning that it learned from a parent and former political prisoner in Cuba that the book did not accurately depict life in Cuba. For the full story, click here.
In Tennessee, housing authority has affirmative duty to ensure safety from violence in housing projects.
Posted in Torts on February 6, 2009 | Leave a Comment »
The Tennessee Supreme Court found that, because of the high rate of poverty and violence in projects, the Memphis Housing Authority should have taken steps to prevent a shooting at the Jefferson Square housing projects. For the full story, see here.
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