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  • Michael Harrison

    Michael McCarty Harrison

    Good Samaritan Law Gets Tested in Ark Court

    September 17, 2021
    On a matter of first impression in Arkansas, the Friday, Eldredge & Clark, on a matter led by Attorney Michael McCarty Harrison, obtained a summary judgment for a defendant under Arkansas’ Good Samaritan statute. As a result, the case against them was dismissed. Though the law was enacted to provide civil liability immunity to non-medical professionals from claims arising out of the rendering of emergency aid and has been on the books for many years, it has never been tested in court. The ruling was a win for the client and anyone attempting to render aid to those in need in the future.
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  • Amie Wilcox

    Amie Alexander

    Civil Right to Counsel for Indigent Parents in Contested Adoptions

    September 2, 2021
    An indigent birth parent who seeks to protect her parental rights is not entitled to appointed counsel in only one instance – if she objects in a private adoption. Act 599 of 2021 gives her the right to counsel if she consents to the adoption. And Ark. Code Ann. § 9–27–316(h) provides a right to appointed counsel in dependency and neglect proceedings brought by the state. However, the indigent birth parent who desires to contest a private adoption and protect her rights has no right to assistance of counsel.
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  • Michael M. Harrison

    Michael McCarty Harrison

    Defending a Religious Institution Using The Charitable Immunity and Ecclesiastical Doctrine Defenses to Tort Liability

    July 22, 2021
    Defense attorneys in Arkansas are, not infrequently, called upon to defend religious institutions from tort suits brought against them for a variety of reasons. Such claims may arise out of a motor vehicle accident involving a church bus, a slip and fall accident on church premises, a claim of sexual molestation on the part of a church employee, or another type of claim. In defending claims against religious institutions, it is imperative that the defense of charitable immunity and, where applicable, the Ecclesiastical doctrine, be raised in the first responsive pleading to the Complaint, be that an Answer and/or a Motion to Dismiss.
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  • Joshua Ashley

    Josh Ashley

    Un-bowing to Deference: Where We’re At, and Might Be Going, on Judicial Deference to Agencies in Matters of Statutory and Regulatory Interpretation

    June 3, 2021
    Last spring, the Arkansas Supreme Court clarified decades of seemingly conflicting precedent on when Arkansas’ judicial branch should defer to the executive branch on the legal meaning of a statute. No longer would an administrative agency’s view of a statute be given “great deference.” No longer would it be judicially embraced unless it was “clearly wrong.” An agency’s interpretation of a statute would now be reviewed afresh, under a de novo standard of review.1 And when the agency’s view comes into play at all (such as when the statute is ambiguous), it will operate as one of many interpretive tools—a light on the text, but not the sun.
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  • Jamie Huffman Jones

    Jamie Jones

    Wrestling with Expert Opinions: The Advisory Committee Considers Amending Federal Rule of Evidence 702

    September 15, 2020
    Jamie Huffman Jones's article in the latest edition of Arkansas Lawyer educates the bar on possible amendments to FRE 702 related to the admission of expert testimony.
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  • Joshua C. Ashley

    Josh Ashley

    An Update on Federal Rule of Appellate Procedure 29(a)(2).

    August 6, 2020
    It has been roughly a year-and-a-half since the amendment of Federal Rule of Appellate Procedure 29(a)(2), which sets out when amicus briefs are permitted during merits briefing. Former Rule 29(a)(2) authorized amicus briefs only on leave of court or with the consent of all the parties. Amended Rule 29(a)(2), which went into effect December 1, 2018, authorizes amicus briefs on the same terms, except that the court may prohibit or strike an amicus brief “that would result in a judge’s disqualification.” Getting the consent of all the parties, then, no longer guarantees success.
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  • Jamie Huffman Jones

    Jamie Jones

    Governor Passes Executive Order 20-33 - Protects Ark. Businesses from Liability Related to COVID-19

    June 17, 2020
    Governor Asa Hutchinson issued three Executive Orders on Monday, June 15, 2020, in response to the public health crisis posed by COVID-19. Below is a summary of Executive Order 20-33.
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