The Arkansas Supreme Court Issued Per Curium Order to Address Eviction Filings

The Arkansas Supreme Court issued an additional per curium order this week to address eviction filings. The order requires all eviction complaints between now and July 25, 2020 to affirmatively plead that the property that is the subject of the eviction dispute is not a covered dwelling under the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act).  The Court noted that this was a temporary pleading requirement, merely to reflect the CARES Act's moratorium prohibiting the lesser of a covered dwelling from filing a legal action to recover possession of property for nonpayment. 
Two justices dissented from the majority opinion, citing separation of powers concerns, and the concern of showing favoritism to tenants over landlords.

As mentioned in previous posts, the rules and guidance we receive from the courts will change from day to day.  If the COVID-19 pandemic has had an effect on your Arkansas business, or your individual way of life, and you need legal guidance…

The Arkansas Supreme Court Issues Updated Response to COVID-19

The Arkansas Supreme Court has issued an updated response to COVID-19 with per curium opinion 2020 Ark. 164.  Pursuant to this new order, the Arkansas Supreme Court has indefinitely suspended the following litigation service and response dates:

Ark. R. Civ. P. 4(i) (Time for Service of Complaint), 

Ark. R. Civ. P 33(b) (Time to Respond to Interrogatories), 

Ark. R. Civ. P 34(b) (Time to Respond to Requests for Production of Documents), 

Ark. R. Civ. P 36(a) (Time to Respond to Requests for Admission), and 

Ark. Dist. Ct. R. 3 (Time for Service of Complaint). 

The Court did not address any other deadlines. 
It is very important for litigants to understand that despite this suspension on certain service and response times, because the courts remain open, statutes of limitation on new filings have not been tolled. Plaintiffs should remain diligent in pursuit of filing new claims. 

Also, the Supreme Court's order is silent on effective date.  It is presumed that the tolling period begins …

Covid-19 Presents New Legal Challenges and Unique Opportunities for Arkansas Citizens and Businesses

Covid-19 Presents New Legal Challenges and Unique Opportunities for Arkansas Citizens and Businesses
Without question, everyone's life has been effected by the Covid-19 coronavirus pandemic.  So much has changed over the last 30 days, and since little is still known about the coronavirus that has sickened so many, including how it spreads, and how it can be mitigated, governmental guidance has been a swift-moving target. 
Individuals and business owners have been forced to navigate social norms and laws that seem to change every day. My legal practice is a small business, so believe me, I understand. The coronavirus has altered the way we conduct our business at Daily & Woods and has expanded the scope of our practice.  This post will touch on some of the changes we have seen, and while there have certainly been challenges, we have also seen how the new laws have provided our clients with some good opportunities in a variety of substantive legal areas. 
Legal Services Are Essenti…

Daily & Woods, P.L.L.C. is Excited to Sponsor the 58th Annual Arkansas Natural Resources Law Institute in Hot Springs, Arkansas

The law office of Daily & Woods, excited to once again be a sponsor at the Arkansas Natural Resources Law Institute in Hot Springs, Arkansas.  The Arkansas Natural Resources law Institute is the premier oil and gas conference in Arkansas and deemed a "must attend" event for anyone involved in the Arkansas oil and gas industry.

The Arkansas Natural Resource Law Institute will include social events and industry meetings beginning at 5:00 p.m. on February 27th, 2019, followed by CLE courses on the mornings of February 28th, and March 1st, 2019.

Daily & Woods, P.L.L.C. member Thomas A. Daily will present litigation updates and recent developments in Arkansas oil and gas law on February 28th, 2019. The full brochure is located on the Arkansas Bar Association's website.

Make arrangements to join us in Hot Springs!

C. Michael Daily is an Arkansas oil and gas law attorney with the long-established law firm of Daily & Woods, P.L.L.C. and is licensed to prac…

Oral Agreements to Divide a Decedent's Property Violate the Statute of Frauds

The 8th Circuit Court of Appeals recently rendered an unpublished opinion, Kiddie v. Copeland, Case No. 17-2814, involving the statute of frauds, and its application to an agreement to divided a deceased grandfather's property.  First, what is the statute of frauds anyway and why should you care?

The statute of frauds is a common law rule that has been codified in most states, and requires that certain contracts must be in writing to be enforceable.  Among those contracts affected, are:

(1) contracts to answer for the debt of another (Ark. Code Ann. 4-59-101);
(2) agreements to be made in consideration of marriage (Ark. Code Ann. 4-59-101);
(3) agreements that are not to be performed within one year from the date of the agreement (Ark. Code Ann. 4-59-101);
(4) agreements for the sale, lease, or transfer of land (Ark. Code Ann. 4-59-101--102);
(5) contracts for the sale of goods over $500.00 (Ark. Code Ann. 4-2-201; and
(6) contracts to make a will or devise, entered into after Jun…

Daily & Woods attorneys to Speak at 2018 Arkansas Bar Association Best of CLE

Daily & Woods attorneys have been chosen to speak at the Arkansas Bar Association's "Best of CLE" on June 28-29, at the Chancellor Hotel, in Fayetteville, Arkansas.

Thomas A. Daily will present an hour CLE on Board of Trustees v. Andrews: Arkansas Newest Court-Ordered Crisis-Tsunami or Just Another Wave, at 8:30 AM on Thursday June 28, 2018.  As a preview, also see this write-up on how Andrews is affecting litigation against the State of Arkansas.

C. Michael Daily will present an hour CLE on Oil & Gas Lease Covenants--What you See and What you Don't See, at 2:00 PM on Friday June 29, 2018.

Registration for both events is still available through the Arkansas Bar Association's website, or at the door.

C. Michael Daily is an Arkansas estate attorney with the long-established law firm of Daily & Woods, P.L.L.C., and is licensed to practice in all cities in Arkansas including Fort Smith, Fayetteville, Springdale, Bentonville, Lowell, Rogers, and Bella Vista…

It's Good to be King. Arkansas Sovereign Immunity Wins Again in Arkansas Community Corrections v. Barnes, 2018 Ark. 122.

The Arkansas Supreme Court made itself abundantly clear in a new opinion rendered this week. As stated in Arkansas Community Correction v. Barnes, 2018 Ark. 122, the Court clearly meant its prior holding inBd. of Trs. v. Andrews, 2018 Ark. 12, 535 S.W.3d 616: you simply cannot sue the state of Arkansas.
So, I guess it really is good to be king.  This week's victim: The Arkansas Whistle-Blower Act.
Here's some background:
In Andrews, the Board of Trustees of the University of Arkansas argued that it was immune from suits for claims filed against it under the Arkansas Minimum Wage Act based on the doctrine of sovereign immunity.Andrews, 2018 Ark. 12, at 2-3.  InAndrews, the Court held that the Arkansas General Assembly cannot waive the State's immunity, and any statute providing that the State could be made a defendant in a lawsuit goes beyond the scope of the legislature's power.
The Arkansas Supreme Court reached this conclusion by interpreting the Constitution "exact…