Is there a defense where a plaintiff misused a product? Yes. Under Arkansas law, a defendant may assert that the plaintiff misused the product as part of its affirmative defense of comparative fault. AMI 1014. When invoking...more
What is Arkansas’ law on Comment K to Section 402A of the Restatement (Second) of Torts? Arkansas follows comment k to Section 402A of the Restatement (Second) of Torts with regard to unavoidably unsafe products. This is an...more
What is the interplay between Arkansas Workers’ Compensation and Products Liability Actions? Under Arkansas law, an employee’s exclusive remedy for claims for work-related injuries against an employer is through the Arkansas...more
Does a supplier of a defective product have recourse against a manufacturer? Yes. By statute, Arkansas has created indemnification rights accruing in favor of product suppliers. When a supplier of a defective product is not...more
Does Arkansas law have a statute of repose? No. This means that for an Arkansas products liability action, the general rule is that a lawsuit must be commenced within three years after the date on which the death, injury, or...more
Does Arkansas law recognize a claim against a supplier for failure to inspect? Yes, but this cause of action applies to suppliers under limited circumstances...more
Does Arkansas law recognize a claim for failure to instruct? Yes. But this cause of action applies only to manufacturers, not suppliers...more
Does Arkansas law recognize a cause of action for failure to warn? Yes. Failure to warn claims may be applicable against both manufacturers and suppliers. A manufacturer of a product has a duty to give a reasonable and...more
Does Arkansas recognize a “malfunction theory” of liability? A recent federal case has created law suggesting that Arkansas recognizes a so-called “malfunction theory” of liability in products liability actions. As further...more
When a non-compete agreement contains an arbitration clause, this raises the issue of whether the non-compete should be enforced through arbitration or litigation. This is an obvious threshold question with an answer that is...more
What is Arkansas’ law on causation for a products claim? The mere fact of an accident does not establish liability, nor does the fact that the product was found in a defective condition after an accident. Williams v. Smart...more
What is the definition of “defective condition” under Arkansas law? “Defective condition” is defined by statute to mean “a condition of a product that renders it unsafe for reasonably foreseeable use and consumption.” Ark....more
Does Arkansas law recognize a strict liability products claim? Yes. Despite the absence of any contractual relationship, the supplier of a product in Arkansas is subject to liability in damages for harm to a person or...more
Does Arkansas law recognize a post-sale duty to warn? No. It has long been the conventional wisdom that Arkansas law does not recognize a post-sale duty to warn in the products liability context. However, this understanding...more
Should a trial be bifurcated when plaintiff seeks punitive damages? Yes. Arkansas rules require a separate trial, on the motion of any party, to determine the amount of punitive damages. Ark. R. Civ. P. 42 (Addition to...more
When are punitive damages awarded? Under Arkansas law, a statute affixes the standard for awarding punitive damages, and the key element is a showing of express or implied malice. Under this rule, punitive damages are...more
Can a plaintiff pursue punitive damages from multiple defendants? Yes, but this comes with significant limitations for the plaintiff. Pursuing relief from multiple defendants generally results in the conclusion that joint...more
Yes, but with caveats. For non-compete agreements in Arkansas, there are separate rules for non-medical and medical employees. This variance stems from Arkansas’ non-compete statute, which applies to non-medical employees,...more
In employment law, “blue penciling” a non-compete agreement refers to the practice whereby a court concludes that a non-compete agreement is unenforceable because it is overly broad, but rather than throw out the agreement...more
Yes. However, for many non-competes, an employee’s continued employment is sufficient. For non-competes signed after July 21, 2015, the statute explicitly states that an employee’s continued employment is sufficient...more
Often this is not a large concern, but may be applicable in some situations. The first question to ask is when was this non-compete agreement signed?
In Arkansas, the watershed date is July 22, 2015, which is when a...more
It depends. The first question to ask is when was this non-compete agreement signed?
In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play. ...more
It depends. The first question to ask is when was this non-compete agreement signed?
In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play....more
Our business clients tell us everyday what we are all seeing in the headlines on a regular basis: employees are hard to hire and retain. Some commentators have coined the term “the great resignation” to aptly describe the...more
Recently, state legislatures all over the country have proposed or passed state laws seeking to ban the teaching of Critical Race Theory (CRT) in public school classrooms, sparking legal challenges and public outcry on both...more