- Service of Unsigned Copy of Complaint is Valid Service
Posted November 23, 2009, 2:32 pm
Jones v. Turner, 2009 Ark. 545. The plaintiff filed a properly signed complaint with the clerk. The plaintiff timely served a copy of the complaint and summons, but the defendant's copy of the complaint was not signed. The circuit court dismissed the complaint, holding that service was defective because of the missing signature. The supreme court reversed, stating that Ark. R. Civ. P. 4 has no explicit requirement that the service copy must be signed. Following the strict compliance standard,...
- Happy Thanksgiving!
Posted November 23, 2009, 4:22 am
Happy Thanksgiving! God Bless you and your family. Here are some fun Thanksgiving sites… Thanksgiving activities for kids click here Thanksgiving on the Net…great site for everything Thanksgivingâ€੯rom the Pilgrim story to how to cook a turkey. click here Thanksgiving recipes click here History of Thanksgiving on the History Channel site click here
- Go Green, Avoid a DWI…Maybe
Posted November 20, 2009, 12:23 pm by Brad
The recent story about the fella in Minnesota that got a DWI for driving his motorized "La-Z-Boy" chair brings to mind a good point regarding DWI law (click here to see what I'm talking about). What kind of "vehicle" do I have to be driving to be convicted of a DWI or DUI in Arkansas? Arkansas law makes it a crime for a person to drive a "motor vehicle" while being intoxicated (or, for a DUI, under the influence) or while having a blood alcohol content of .08 or higher. The problem is that...
- How Yaz, Yasmin, and Ocella Cause Heart Attacks
Posted November 20, 2009, 9:07 am by bradhendrickslawfirm
In a previous post, we at the Brad Hendricks Law Firm expressed a desire to help those who might have been harmed by the birth control drug known as Yaz or Yasmin, or by its generic counterpart, Ocella. One harmful side effect of the drug referred to in that previous post was the serious risk of [...]
- Bankruptcy Filings Led by Middle Class Homeowners
Posted November 19, 2009, 12:56 pm by bradhendrickslawfirm
According to a recent USA Today article, a new study, "The Vulnerable Middle Class: Bankruptcy and Class Status," reveals that bankruptcy filings have "become a largely middle-class phenomenon led by filers who are college-educated and owners of homes." Approximately 1.1 million consumers filed Chapter 7 bankruptcy in 2007. In all, approximately 100,000 middle-class families filed [...]
- Eighth Circuit holds that Arkansas state courts correctly followed the totality-of-the-circumstances test in concluding a minor had knowingly and intelligently waived his Miranda rights.
Posted November 18, 2009, 8:26 am by Jodie L. Hill
Bell v. Norris, No. 07-3432. In December 1992, Albert Bell, a sixteen-year-old, and his accomplice, Terry Sims, robbed a grocery story. Bell served as a decoy to distract a store employee who Sims subsequently shot and killed. A second store employee began screaming, and Sims shot and killed the employee while Bell took money from a [...]
- âœHe Bullied Me Into It!â
Posted November 17, 2009, 4:22 am
Wife signs over interest in real property due to her husband being the dominant party in the relationship and also because she owed a debt, needed money to pay the debt, and husband used that knowledge to his advantage. Is this enough for wife to save her interest in the property at the final divorce hearing? Court of Appeals says yes. Here it is… McCracken v. McCracken
- Delinquency Orders Not Final, Appealable Orders
Posted November 15, 2009, 10:51 am by Jerald Sharum
In State v. R.H., 2009 Ark. 564, the Arkansas Supreme Court found that an order adjudicating delinquency was not a final, appealable order because a subsequent disposition hearing was required and the order did not impose an out-of-home placement for the minor or involve dependency-neglect. An order's final determination on the admissibility of evidence as to the delinquency charge(s) was not sufficient to render the order appealable even where such an evidentiary issue would not be revisited...
- Small victory for The Game in defamation case against him.
Posted November 13, 2009, 9:53 am by Jodie L. Hill
Rapper Jayceon "The Game" Taylor was at a mall in Greensboro, North Carolina, when security guards told one of his entourage to stop filming without permission. He refused. The security guards called police. The Game refused to leave, and a crowd gathered to support him. The police dispersed the crowd with pepper spray and arrested [...]
- Is Pregnancy the Newest Disability under the ADAAA?
Posted November 13, 2009, 9:45 am by M. McClure
It's not official yet, but pregnancy may be the newest protected disability under the amended Americans with Disability Act (ADAAA). Although the ADAAA does not address pregnancy, the EEOC in its Questions and Answers about the proposed regulations for the ADAAA stated: "Certain impairments resulting from pregnancy, however, may be disabilities if they substantially limit a major life activity." That statement leaves a lot of room for interpretation - enough room that employers should think...
- Duty to Investigate Crop Seller Still Only if Buyer On Notice of Tenancy
Posted November 11, 2009, 10:40 am by Jerald Sharum
In Riceland Foods, Inc. v. Pearson, 2009 Ark. 520, the Arkansas Supreme Court recently re-affirmed that a crop purchaser does not have a duty to investigate whether the seller is a tenant or owner of the farmland on which the crops were produced before the buyer's title is perfected against a potential landlord's crop lien.
- Material Change in Circumstances Does Not Mandate a Change of Custody
Posted November 11, 2009, 4:20 am
It is generally assumed that a material change in circumstances will automatically result in a change of custody. But that is not the law. In Arkansas, the court will look to see if there has been a material change in circumstances. IF such a change has occurred THEN the court will determine what is in the best interest of the child - whether the child needs to stay with the current custodial parent or if a change to the noncustodial parent is warranted. In a case affirmed today by the Court of...
- I-30 Truck Accident in Arkansas
Posted November 10, 2009, 2:53 pm by Paul Pfeifer
Four people were killed and two people were injured November 10 when a tractor-trailer crashed into cars stopped in an Interstate 30 construction zone near Texarkana, Arkansas. The Arkansas truck accident caused a severe explosion. Interstate 30 was closed in both directions after the accident. According to published reports, the truck failed to stop and rammed into several stopped cars in the construction zone. This truck accident has all the signs of being caused by truck driver fatigue. The...
- Arkansas Supreme Court holds that service of process of a complaint is not invalid merely because it is unsigned.
Posted November 6, 2009, 8:25 am by Jodie L. Hill
Jones v. Turner, No. 08-1438. In this collection action, Guy Jones filed a complaint in the Faulkner County Circuit Court against J. Eric Turner and Carco of Arkansas, Inc. ("Carco"), on March 31, 2008. Turner and Carco filed a motion to dismiss, arguing that, while the complaint filed in the Faulkner County Circuit Court had been [...]
- Third Circuit determines that antitrust protections of Real Estate Settlement Procedures Act created a private right of action even if lender did not increase premiums.
Posted November 3, 2009, 3:05 pm by Jodie L. Hill
According to its borrowers' class action complaint, Countrywide Financial Corp. ("Countrywide") forces buyers who put less than 20% down on their homes to buy private mortgage insurance ("PMI") through one of six providers chosen by Countrywide. The providers then allegedly requested Countrywide to "reinsure" the policies with Countrywide affiliate Balboa Reinsurance Co. ("Balboa") under a [...]
- If you or a loved one has been harmed by Yaz, Yasmin or Ocella
Posted November 2, 2009, 11:33 am by bradhendrickslawfirm
Image by KelliAmanda via Flickr The Brad Hendricks Law Firm wants to help if you or a loved one has been harmed by Yaz (also known as Yasmin and by its generic name "Ocella"). Originally developed and manufactured by Berlex Laboratories, these medications are referred to as "combination birth control," which contain the hormones estrogen (ethinyl estradiol) [...]
- Book Review: Polarizing the Case
Posted October 30, 2009, 12:06 pm by bradhendrickslawfirm
Polarizing the Case: Exposing and Defeating the Malingering Myth by Rick Friedman (Trial Guides Publishing, 2007) Book Review by Todd Jones, Esq., Brad Hendricks Law Firm Polarizing the Case should be required reading for every plaintiff's lawyer. Not only does Rick Friedman do a masterful job of formulating and describing a cogent, well-rounded and effective strategy [...]
- Arkansas Court of Appeals outlines requirements for unjust enrichment claim when the parties already have a contract.
Posted October 30, 2009, 6:25 am by Jodie L. Hill
QHG of Springdale, Inc. v. Archer, No. CA07-1115. Dr. Ernest Archer, an OB/GYN, and his employer, QHG of Springdale ("QHG"), entered into a two-year employment contract in 2000. In 2002, they entered into a second, five-year contract. Dr. Archer complained that QHG (1) repeatedly denied his requests for vacation and continuing medical education, (2) failed to [...]
- Negotiating Health Care for the Uninsured
Posted October 29, 2009, 9:43 am by bradhendrickslawfirm
"Despite the talk in Washington about health care reform, which could potentially provide health insurance to millions of uninsured Americans, legislation to be enacted in the future does not help if you are uninsured now. If you are not covered by any current health insurance carrier or are worried about losing employer-based or university-subsidized health [...]
- Keeping Your Trick or Treaters Safe on Halloween
Posted October 29, 2009, 5:16 am
The U.S. Consumer Product Safety Commission offers the following tips on costumes, treats and decorations to help your children trick-or-treat safely this year: Costumes: When purchasing costumes, masks, beards and wigs, look for flame-resistant fabrics such as nylon or polyester, or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To minimize the risk of contact with candles and other fire sources, avoid costumes made with flimsy...