Arbitration agreement for internet auto sale is enforceable
The Arkansas Court of Appeals reversed a trial court’s ruling denying arbitration, holding that an arbitration agreement related to the sale of an automobile conducted over the internet is valid and...
View ArticleRebriefing ordered for a third time
Apparently it will take three tries to get this appeal decided. First, the parties failed to secure a final order from the trial court, and the appeal was dismissed. Chesapeake Exploration, LLC v....
View ArticleOvernight guests in violation of decree requires finding of contempt in...
This case is best summarized by this excerpt from the decision: The decree of the trial court contained a provision prohibiting the parties from having overnight romantic partners while the children...
View ArticleSummary 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:...
View ArticleSummary Judgment Affirmed in Malpractice Case Based on “Locality Rule.”...
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...
View ArticleNew 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,...
View ArticleHollandsworth Presumption Applies to Joint Legal Custody (Based on a 5-4...
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...
View ArticleNew 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....
View ArticleAnnual 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:...
View ArticleNew Rules for Arkansas Rehearing and Review Petitions
Invariably, one side is sorely disappointed with the outcome of an appeal. Thus, petitions for rehearing and petitions for review are common last-gasp hail-mary attempts that clients (and their...
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