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Showing posts from April, 2018

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

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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…

Arkansas Estate Plans for Young Professionals

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Contrary to what you might believe, estate planning is not reserved for the old and rich.  Over the course of the next few estate planning posts, I'll try to prove my point, that an estate plan is appropriate for everyone, regardless of your station in life. Today, I'll discuss the category that I fall within: Young Professionals.

And, yes, I'm still young . . .  in my own mind.

Young Professionals

Congratulations! You just graduated, and landed a new job that will serve as the launching pad for your exciting new career.  To celebrate, you purchased a new car, financed a new house, and began investing.

You're young and full of potential--understandably, the last thing on your mind is an estate plan, or dying without a plan.  I get it.  No one wants to think about it, but since you are reading this, go ahead and ask yourself: Do you know what happens to your stuff (i.e., who will inherit your new wealth)  and manage your affairs if you do pass early?

The answer depends …