The Daily Law Blog

Daily & Woods, P.L.L.C.   is 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 28th, followed by CLE courses on the mornings of March 1st and 2nd, 2018.  Daily & Woods, P.L.L.C. partner Thomas A. Daily will present litigation updates and recent developments in Arkansas oil and gas law on Thursday, March 1, 2018 and C. Michael Daily will present a topic on oil and gas lease issues, on Friday, March 2, 2018. Make arrangements to join us in Hot Springs.   Registration can be made by contacting the Arkansas Bar Association . C . Michael Daily  is an Arkansas oil and gas law attorney ...

The Arkansas Court of Appeals recently took the wood to a default judgment that was entered against a defendant solely on the basis of constructive service by warning order. See Self v. Hustead , 2017 Ark. 339 .   In this case, our firm, Daily & Woods, P.L.L.C. represented the successful appellant. Setting the Stage All lawsuits begin with the filing of a complaint.   The Court does not acquire jurisdiction over the defendant, however, until he is served with the summons.   Service of process rules must be complied with exactly and while there are several ways to serve a defendant in person, none of those methods were relevant in Self .   In that case, service was constructive, and “accomplished” through the publication of a warning order. Warning order service amounts to notice by way of an ad in the newspaper that more or less says, “Hey…Pssst…You’ve been sued.”   Unless the defendant scans the classified ads on a daily basis, he’ll never s...

Daily & Woods, P.L.L.C. is proud to once again sponsor the 56th Annual Arkansas Bar Association's Natural Resources Law Institute in Hot Springs, Arkansas.  The institute is the "must attend" event for anyone interested in the Arkansas oil and gas industry. The Natural Resource Law Institute will include social events and industry meetings beginning at 5:00 p.m. on February 23rd, followed by CLE courses on the mornings of February 24th-25th.  Daily & Woods, P.L.L.C. partner Thomas A. Daily, will kick off the CLE portion of the event by providing an update of recent developments in Arkansas oil and gas law. Make arrangements to join us in Hot Springs.   Registration can be made by contacting the Arkansas Bar Association . C . Michael Daily  is an Arkansas oil and gas law attorney with the long-established law firm of  Dail y & Woods, P.L.L.C . and is licensed to practice in Arkansas, Oklahoma, North Dakota and Wyoming. C. Michael Dai...

C. Michael Daily  is a business law attorney with the long-established law firm of  Dail y & Woods, P.L.L.C . and is licensed to practice business law and real estate law in Arkansas, Oklahoma, North Dakota and Wyoming. C. Michael Daily can be contacted by telephone at  479-242-3953 , by email at  mdaily@dailywoods.com , or by regular post at 58 South 6th Street, Fort Smith, Arkansas 72902.   Arkansas is the only state to criminalize the failure to pay rent.  I'll just leave that sentence here for you to re-read in a moment. If a tenant enters into a residential lease with his landlord, he is always contractually required to pay rent in exchange for a place to live. In simplest terms, the parties have a private rental agreement.  In most states, if the tenant breaches this agreement, the landlord has a right to initiate eviction proceedings, and can pursue civil remedies and collect damages in the form of back rent and actual damage to the...

Issue 5, the casino amendment, is all but dead.  Last week, the Arkansas Supreme Court issued a ruling and held that the issue would not reach voters, because the ballot title was legally insufficient.  Even though you are probably still seeing those crazy ads on television, and fliers in the mail, it appears that the effort to install casinos in Arkansas will have to wait. In this case , Petitioners, the Committee to Protect Arkansas' Values/Stop Casinos Now, argued to the Arkansas Supreme Court that Issue 5 should be rejected because the ballot title was misleading. Among its concerns, was a provision in the title that purported to allow the new casinos to "accept wagers on sporting events" and offer " any game, device, or type of wagering permitted at a casino operated within. . . Nevada".  This language was problematic because Federal law expressly prohibits sports books and sports gaming, subject to just a few well- known exceptions . When testing a bal...

Issue 5, the casino amendment, is all but dead.  Last week, the Arkansas Supreme Court issued a ruling and held that the issue would not reach voters, because the ballot title was legally insufficient.  Even though you are probably still seeing those crazy ads on television, and fliers in the mail, it appears that the effort to install casinos in Arkansas will have to wait. In this case , Petitioners, the Committee to Protect Arkansas' Values/Stop Casinos Now, argued to the Arkansas Supreme Court that Issue 5 should be rejected because the ballot title was misleading. Among its concerns, was a provision in the title that purported to allow the new casinos to "accept wagers on sporting events" and offer " any game, device, or type of wagering permitted at a casino operated within. . . Nevada".  This language was problematic because Federal law expressly prohibits sports books and sports gaming, subject to just a few well known exceptions . When testing a ball...

A few days ago, I outlined some items that Arkansas registered voters may want to consider before deciding on Ballot Issue 6, the Medical Marijuana Amendment of 2016 .  This election is not just about medical marijuana; casinos are on the ballot too (again). This measure looks a little different from the initiative proposals you may remember. Issue 5, if approved, would authorize casino gambling in three Arkansas counties: Miller, Washington, and Boone. You may have questions about the proposed amendment before you vote, so here are five things you should know before you go to the polls.   1. Who Will Operate the Casinos? If Issue 5 passes, three separate companies would become designated licensees and operators of three separate casinos: Washington County Gaming, LLC, Arkansas Gaming and Resorts, LLC (operating in Boone County, Arkansas), and Miller County Gaming, LLC The individual, LLC's, and their "successors and assigns" would have the const...