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LITIGATION

In our litigious society, lawsuits are a frequent, but unwanted, source of anxiety for individuals and businesses. At Friday, Eldredge & Clark, we understand the last thing you need is added concern about your lawyer’s ability to guide you successfully through your case.

When represented by Friday, Eldredge & Clark, you are given assurance and confidence that your advocate/attorney can competently and persuasively represent your interests to the end. Our more than 40 trial lawyers have extensive experience and knowledge of the courts in Arkansas has been developed through years of trying cases. 

We recognize that each case is unique. Careful collaboration with our clients in developing a strategy for a case is one of our strong suits. Our experience gives you insight into the likely course of a case, and we work with you to develop a case plan to achieve the optimal outcome you deserve. We zealously work for our clients, with your best interest as our chief concern. Exceeding your expectations is our objective.

Focused on Clients

Some of the country’s finest companies, organizations, government entities, and individuals have called on us for litigation representation. Our clients come from virtually every industry. We have represented banks and financial institutions, construction companies, cooperatives, distributors, energy and utility companies, race tracks, hospitals and health care providers, insurance companies, manufacturers, rail and other commercial carriers, retail companies, software, technology and telecommunications companies, and trade associations.

Not only are we privileged to represent some of Arkansas’s finest companies, organizations, and people, we have also represented Fortune 500 companies in litigation in courts around the country. We are frequently the lawyers of choice when the most prestigious companies and law firms in the country seek regional or local counsel. Perhaps this is because of our reputation for service and results.

Focused on Services

Our litigation practice is unparalleled in its scope. Our trial lawyers not only appear regularly in state circuit courts and federal district courts across the state, but they also have the privilege of representing our clients as lead trial counsel in other parts of the country. Our service as regional counsel in complex trials is well known, particularly in the area of gun litigation and employment matters. The firm’s trial lawyers have broad experience in medical and professional malpractice actions, products liability cases (including pharmaceuticals and medical devices), personal injury trials, and cases involving environmental and toxic torts, and commercial carrier and railroad litigation. Our trial lawyers have a diverse and robust commercial litigation practice that is marked by successful outcomes for our clients in a long list of jury verdicts. Topping off the successful trial team is a respected and accomplished appellate group that can effectively carry the case through its final steps.

Areas of our litigation practice include:

Antitrust - When antitrust controversies do arise, we are fully capable of dealing with administrative inquiries and hearings before federal and state antitrust enforcement agencies (including the Federal Trade Commission), and with litigation in state and federal court if necessary. Friday, Eldredge & Clark’s insurance lawyers have represented insurers (including many large national and regional carriers), self-insured companies and private insurers. We have the trial skill and industry knowledge for successful resolution in insurance regulation, coverage and liability issues, professional liability and insurance defense litigation. 

Alternative Dispute Resolution - Our clients rely on us to help them resolve disputes in the most appropriate and effective way possible. Although we are aggressive and successful advocates for our clients in the courtroom, we recognize that litigation can be time-consuming and costly. In addition, many of our clients have entered into agreements that require mediation and arbitration before a matter may be addressed in court. Our lawyers have significant experience in alternative means of dispute resolution and are successful negotiators and counselors in mediations and arbitrations. We have extensive experience in arbitration trials.

Appellate Law - Our appellate attorneys use their significant litigation experience in appellate advocacy to get results. Knowledge of the members of the courts and their opinions, and careful development of issues over many different types of appeals, are among the strengths of our lawyers practicing in this area. Because we bring a litigator’s focus to possible appellate challenges at trial, we can lay the foundation for review on appeal in the most complex cases, including class actions. Our experience in appeals of class actions and other complex litigation is unparalleled in the market.

Class Actions - Our lawyers have developed a focused practice in class action litigation, including a number of appeals that have helped to shape the law in Arkansas. Class actions are often bet-the-company litigation, and it is important to have the right lawyers on the case from the date the complaint is served to take advantage of every opportunity that experienced lawyers know can minimize the potential for losses.  

Commercial Litigation and Regulatory  - Our attorneys are prepared to handle all aspects of a commercial litigation matter, from pre-litigation evaluation to drafting pleadings, engaging in targeted discovery and motion practice to trial and appeal.  Our experience shows at every stage of the case.  

Employment Litigation - Any protected class of employees – by age, race, gender, disability, or religion – could bring suit against their employer under the discrimination statutes. Our team of employment litigators has successfully litigated and resolved all types of discrimination matters. We have a strong presence in state and federal district courts as well as extensive experience in FINRA arbitrations, employee arbitrations, and administrative proceedings before state and federal agencies and commissions.

Insurance - Friday, Eldredge & Clark’s insurance lawyers have represented insurers (including many large national and regional carriers), self-insured companies and private insurers. We have the trial skill and industry knowledge for successful resolution in insurance regulation, coverage and liability issues, professional liability and insurance defense litigation. 

Immigration - Any protected class of employees – by age, race, gender, disability, or religion – could bring suit against their employer under the discrimination statutes. Our team of employment litigators has successfully litigated and resolved all types of discrimination matters. We have a strong presence in state and federal district courts as well as extensive experience in FINRA arbitrations, employee arbitrations, and administrative proceedings before state and federal agencies and commissions.

Medical Malpractice - We are focused on providing our healthcare clients with consistently talented, ethical and efficient representation before state licensing boards and in all stages of litigation through jury trial and appeal. 

Personal Injury Litigation - At Friday, Eldredge & Clark, we defend companies against all types of personal injury claims and represent a substantial number of insurance companies and third-party administrators. Our personal injury and property damage defense work ranges from alleged truck or motor vehicle negligence, slip-and-fall claims, premises liability, representation of nursing homes and long-term care facilities, representation of rail carriers, toxic tort claims, product liability claims — including pharmaceutical and medical device product liability claims to wrongful death claims. Collectively, our personal injury defense lawyers have tried several hundred bench and jury trials, and have amassed considerable skill and experience along the way.

Product Litigation and Liability - Our attorneys have handled pharmaceutical and medical device litigation in single cases, and in multi-district litigation.  The firm has also defended governmental entity claims against manufacturers. Our experienced litigation attorneys represent and defend manufacturers in product liability claims as a result of a defect in design, manufacturing or marketing. Whether the claim made is from an injury from the use of the product or a defect in the product design,  our attorneys can help you navigate the court system.

Professional Malpractice - The lawyers at Friday, Eldredge & Clark cover all of Arkansas in defending lawyers, accountants, physicians, architects and other professional service providers. We have tried hundreds of malpractice cases and are familiar with state and federal regulations governing standards of care for professionals and represent professionals before their various licensing boards. When malpractice allegations arise, we counsel our clients on the best approach to a defense (including settlement, arbitration, or mediation when that is the best option) at every stage of litigation, from investigations to appeals.

Qui Tam - The False Claims Act, 31 U.S.C. §§ 3729, et seq., provides a cause of action on behalf of the United States against a person or entity that knowingly submits a false or fraudulent claim to the United States. These are commonly referred to as qui tam actions and are brought by an individual, known as a relator, who sues on behalf of the United States. Typically, qui tam actions are filed by people with insider knowledge of allegedly false claims, and often involve health care, military, or government spending programs.

Railroad and Transportation Litigation - Our Railroad Litigation group defends freight and passenger railroads in all types of litigation in courts throughout Arkansas. We handle disputes involving grade crossing accidents, trespassers, Federal Employers’ Liability Act (FELA) actions, and we are well-versed in Federal Railroad Administration regulations regarding workplace safety. Our lawyers resolve disputes over property damage, personal injury, and environmental concerns, often making a swift and effective response in the event of an accident or emergency. We also assist with general real estate, environmental, EEOs and regulatory needs. 

Tax Controversies - Clients seek our help when faced with an investigation or audit by the Internal Revenue Service or the Arkansas Department of Finance and Administration. Our broad experience covers income taxes, sales and use taxes, estate and gift taxes, excise taxes and ad valorem taxes. We also handle collection-related matters where the IRS or state is attempting to collect taxes. You will get an effective defense in audits, administrative hearings and proceedings, and appeals before the IRS and state and local taxing authorities. We are committed to analyze and help our clients properly resolve (including litigating, if necessary) their disputes with the taxing authorities.

Torts and Insurance - This work is a mainstay at Friday, Eldredge & Clark. Our firm serves as the defense counsel for many insurance carriers as well as their corporate insureds. We regularly handle disputes that involve first-party and third-party claims, along with bad-faith suits. We handle cases that involve toxic tort liability, professional negligence, product liability, premises liability and environmental liability.

Trade Secrets - Our lawyers have broad experience in all facets of trade secrets law. We handle enforcement of trade secret rights as part of restrictive covenants that bind former employers, and also advise new employers who have hired individuals bound by such covenants. We regularly seek injunctive relief to enforce employers’ rights and frequently litigate contractual disputes relating to alleged breaches of confidentiality and trade secret restrictions.

Workers' Compensation - Friday, Eldredge & Clark has one of the few teams in Arkansas dedicated exclusively to the defense of Arkansas employers of all sizes in a wide variety of workers’ compensation cases, representing insured and self-insured companies as well as third-party administrations. Our attorneys practice before the Arkansas Workers’ Compensation Commission (AWCC) and appeals courts, including the Arkansas Supreme Court. 

Focused on our Team

Our Litigation Practice Group is made up of more than 40 attorneys and is the largest and most experienced in Arkansas with a combined total of more than 900 years of legal experience. The group includes eight Fellows in the American College of Trial Lawyers and six attorneys in the American Board of Trial Advocates.

Each attorney focuses their practice on a specific area or areas of law and many have been recognized for their work in The Best Lawyers in America (25), Chambers USA (9), Mid-South Super Lawyers (25) and Benchmark Litigation (5). Chambers USA also recognized the litigation attorneys as a group by consistently ranking them in Band 1, the highest-ranking category commenting:


“Offers impressive bench strength and US coverage to domestic and international clients across a range of commercial disputes. Enjoys an excellent reputation in the market for its expertise in class action matters, including product liability. Additional strength in complex medical malpractice defense cases and demonstrates specialist capabilities in railroad litigation.”

- Chambers USA 2020

 

 

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