Arkansas Business Litigation Blog

The Arkansas Business Litigation Blog focuses on Arkansas business law and 8th U.S. Circuit Court of Appeals developments in intellectual property (patent, trademark, copyright, trade secrets and covenants not to compete).

Author: The blawg is authored by H. William Allen, managing partner of the Allen Law Firm in Little Rock, Ark., as well as the firm's associates: Christian Harris, Brooks C. White, and Kevin M. Lemley.

Blawg Related Categories: Appellate Practice • Consumer Law • Contracts • Intellectual Property Law • Copyright Law • Patent Law • Trademark Law • Trials & Litigation • 8th Circuit Court • States • Arkansas • Solo / Small Firm

Recent Posts from Arkansas Business Litigation Blog

District Court Predicts Eighth Circuit Would Apply Application Approach to Filing a Copyright Lawsuit
The District Court of Minnesota denied a motion to dismiss for lack of jurisdiction in Tri-Marketing, Inc. v. Mainstream Marketing Services, Inc., 2009 U.S. Dist. LEXIS 42694 (5/19/09). Tri-Marketing filed suit for copyright infringement.…
In Eighth Circuit, Attorneys are Assumed to Receive ECF Notice
The Eighth Circuit affirmed summary judgment in American Boat Co., Inc. v. Unknown Sunken Barge, No. 08-2166 (6/4/09). The district court granted summary judgment to the United States. Plaintiffs failed to timely appeal because…
Preliminary Injunction Denied in Trade Secret Case After TRO Granted
The Eighth Circuit affirmed denial of a preliminary injunction in CDI Energy Services, Inc. v. West River Pumps, Inc., No. 08-1031 (5/29/09). CDI sells oilfield equipment. It had one location in North Dakota with three…
Tacit Contract Created From Practice of Using Fax for Orders
The Arkansas Court of Appeals affirmed creation of a tacit contract in Crown Custom Homes, Inc. v. Buchanan Services, Inc., No. 09-20 (5/27/09). The parties had a long history where Crown would send a request…
Effective July 1, Official Arkansas Reports Will be Electronic Only
The Arkansas Supreme Court made a drastic change to Rule 5-2 in In re: Arkansas Supreme Court and Court of Appeals Rule 5-2, No. 09-540 (5/28/09). Effective July 1, 2009, the electronic version of…
Reference to a Non-Testifying Expert at Trial is Reversible Error
The Arkansas Supreme Court reversed a $689,526 judgment in Western Sizzlin Corp. v. Parks Land Co., LLLP, No. 08-1199 (May 14, 2009). Parks filed suit for claimed violations of a lease agreement. Western Sizzlin…
Arbitration Provision Prohibiting Class Actions is Upheld
An arbitration provision that prohibited a class action was upheld in Smith v. Comcast Corp., 2009 U.S. Dist. LEXIS 25348 (E.D. Ark. 3/17/09). Plaintiff filed a class action alleging fraud and deceptive trade practices. However,…
Dismissal Affirmed for Failure to Strictly Comply with Service Rules
The Arkansas Supreme Court affirmed dismissal in Trusclair v. McGowan Working Partners, No. 08-769 (4/16/09). Trusclair voluntarily dismissed his first complaint. On the second complaint, the summons incorrectly stated that McGowan, a foreign corporation,…
Holding of Contempt Reversed When Trial Court did not Provide Specific Instructions
The Arkansas Supreme Court reversed a holding of contempt in Holifield v. Mullenax Tax Financial and Tax Advisory Group, No. 08-955 (4/15/09). Holifield was a former employee of Mullenax. When he left, Mullenax filed suit alleging trade…
Decision of Alcoholic Beverage Control Board Affirmed
The Arkansas Supreme Court affirmed a decision by the Alcoholic Beverage Control Board (the "Board") in Arkansas Beverage Retailers Association v. Langley, No. 08-287 (4/9/09). The dispute stems around a liquor store opened by Sam's Club.…