Exception to Landowner Immunity Explored for Recreational Visitors
Carr v. Nance, 2010 Ark. 497 (2010) The Supreme Court of Arkansas, on December 16, 2010, was faced with the challenge of analyzing the landowner immunity exception under the Arkansas...
View ArticleThe Tort of Negligent Infliction of Emotional Distress Remains Unrecognized
Dowty v. Riggs, 2010 Ark. 465 (2010) On December 2, 2010, the Supreme Court of Arkansas held, yet again, that the tort of negligent infliction of emotional distress is not recognized as a...
View ArticleClarifying Statutes Regarding Regulations for Fire and Police Departments:...
Lawrence v. City of Texarkana, 2011 Ark. 42 (2011) The Supreme Court of Arkansas delivered an opinion on February 9, 2011 that clarified the interpretation of two important statutes for fire...
View ArticleDo Parties in a Class-Action Settlement Agreement have Standing? Supreme...
Hunter v. Runyan, 2011 Ark. 45 (2011) An issue of first impression arose on February 9, 2011, when the Supreme Court of Arkansas was met with the challenge of determining whether subject...
View ArticleLimitation on Punitive Damages Struck Down as Unconstitutional by Arkansas...
By: Rachel A. Orr, Research Editor Arkansas Law Review Bayer Cropscience LP v. Schafer, 2011 Ark. 518, ___ S.W.3d ___ (Dec. 8, 2011). The Arkansas Supreme Court found the General Assembly...
View ArticleFamily Law—Presumption That Natural, Fit Parents Act in the Best Interests of...
In re S.H., 2012 Ark. 245, ___ S.W.3d ___ (May 31, 2012). The Arkansas Supreme Court recently held that the presumption that natural, fit parents act in the best interests of their children survives...
View ArticleTorts—Claim for Invasion of Privacy Does Not Survive Decedent’s Death
Cannady v. St. Vincent Infirmary Medical Ctr., 2012 Ark. 369, ___ S.W.3d ___ (Oct. 4, 2012). The Arkansas Supreme Court recently held that the State’s survival statute does not apply to a decedent’s...
View ArticleCapital Punishment—Method of Execution Act Invalidated as Unconstitutional...
Hobbs v. Jones, 2012 Ark. 293, ___ S.W.3d ___ (June 22, 2012). The Arkansas Supreme Court recently held that the Method of Execution Act (“MEA”) is unconstitutional, as an improper delegation of...
View ArticleCriminal Procedure—Prosecutors Free to Argue Contradictory Theories Against...
Green v. State, 2012 Ark. 347, ___ S.W.3d ___ (Sept. 27, 2012). The Arkansas Supreme Court recently held that prosecutors may rely on contradictory theories against co-defendants, without running afoul...
View ArticleElection Law—Ballot Title and Popular Name of the “Arkansas Medical Marijuana...
Cox v. Martin, 2012 Ark. 352, ___ S.W.3d ___ (Sept. 27, 2012). The Arkansas Supreme Court recently upheld both the ballot title and popular name for the “Arkansas Medical Marijuana Act” as sufficiently...
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