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The District Court of Minnesota denied a motion to dismiss for lack of jurisdiction in Tri-Marketing, Inc. v. Mainstream Marketing Services, Inc., 2009 U.S. Dist. LEXIS 42694 (5/19/09). Tri-Marketing filed suit for copyright infringement. Tri-Marketing had submitted its copyright application and fees but had not yet received the registration. Mainstream moved to dismiss for lack of jurisdiction. The court noted the circuit split on this issue--some courts permit the lawsuit to proceed once the... Posted on June 10, 2009 at 06:49 am

The Eighth Circuit affirmed summary judgment in American Boat Co., Inc. v. Unknown Sunken Barge, No. 08-2166 (6/4/09). The district court granted summary judgment to the United States. Plaintiffs failed to timely appeal because they claim not to have received the ECF notice of the summary judgment. An evidentiary hearing was held, and both parties had a computer forensics expert investigate the computer of Plaintiffs' counsel. Plaintiffs' expert was unable to provide an opinion as to why the... Posted on June 9, 2009 at 11:05 am

The Eighth Circuit affirmed denial of a preliminary injunction in CDI Energy Services, Inc. v. West River Pumps, Inc., No. 08-1031 (5/29/09). CDI sells oilfield equipment. It had one location in North Dakota with three employees. Those employees left CDI to form West River, a competing business. CDI's customers went to West River, and the CDI office went out of business. After obtaining a TRO for trade secret misappropriation and other counts, the district court dissolved the TRO and denied the... Posted on June 5, 2009 at 12:20 pm

The recent story about the fella in Minnesota that got a DWI for driving his motorized "La-Z-Boy" chair brings to mind a good point regarding DWI law (click here to see what I'm talking about). What kind of "vehicle" do I have to be driving to be convicted of a DWI or DUI in Arkansas? Arkansas law makes it a crime for a person to drive a "motor vehicle" while being intoxicated (or, for a DUI, under the influence) or while having a blood alcohol content of .08 or higher. The problem is that... Posted on November 20, 2009 at 12:23 pm by Brad

If you ask a shark if today's a good day to go swimming, of course he's going to say yes. He's a shark. On the other hand, you can't blame him too much when he bites your leg off. I read an article in last Saturday's DemGaz by the "Drivetime Mahatma." It was called "Saying no to a breath test a loaded issue." In it, a reader asks whether he had to blow into a portable breathalyzer that was stuck in his face at a DWI roadblock. The Mahatma proceeds to inform the readers that they have the... Posted on September 25, 2009 at 03:45 pm by Brad

Ok&#xe2€&#xa6the picture was a little too easy this time. It may not be the stuff that the little-remembered CBS series entitled Jericho was made of (the aftermath of nuclear war seen through the eyes of the inhabitants of Jericho, Kansas), but the real-life happenings in Jericho, Arkansas are pretty unbelievable too. Click here for the story. The rundown? Jericho: a town of 174 residents and SEVEN cops. Cops write so many traffic tickets that the sheriff's office can't get cops to respond to calls.... Posted on September 10, 2009 at 08:10 pm by Brad

Bell v. Norris, No. 07-3432. In December 1992, Albert Bell, a sixteen-year-old, and his accomplice, Terry Sims, robbed a grocery story. Bell served as a decoy to distract a store employee who Sims subsequently shot and killed. A second store employee began screaming, and Sims shot and killed the employee while Bell took money from a [...] Posted on November 18, 2009 at 08:26 am by Jodie L. Hill

Rapper Jayceon "The Game" Taylor was at a mall in Greensboro, North Carolina, when security guards told one of his entourage to stop filming without permission. He refused. The security guards called police. The Game refused to leave, and a crowd gathered to support him. The police dispersed the crowd with pepper spray and arrested [...] Posted on November 13, 2009 at 09:53 am by Jodie L. Hill

Jones v. Turner, No. 08-1438. In this collection action, Guy Jones filed a complaint in the Faulkner County Circuit Court against J. Eric Turner and Carco of Arkansas, Inc. ("Carco"), on March 31, 2008. Turner and Carco filed a motion to dismiss, arguing that, while the complaint filed in the Faulkner County Circuit Court had been [...] Posted on November 6, 2009 at 08:25 am by Jodie L. Hill

It's not official yet, but pregnancy may be the newest protected disability under the amended Americans with Disability Act (ADAAA). Although the ADAAA does not address pregnancy, the EEOC in its Questions and Answers about the proposed regulations for the ADAAA stated: "Certain impairments resulting from pregnancy, however, may be disabilities if they substantially limit a major life activity." That statement leaves a lot of room for interpretation - enough room that employers should think... Posted on November 13, 2009 at 09:45 am by M. McClure

Here's why: Twitter is a fire hose of information provided by some of the smartest people in the country. Twitter is known as the premiere platform for building social networks, and I'm grateful to know all the talented people I've "met" through Twitter. But, it's the information that keeps me coming back every day. Twitter allows you to follow the thoughts of experts in your industry, giving you near instantaneous access to cutting edge information and trends. Employment law is made up of both... Posted on October 28, 2009 at 07:21 am by M. McClure

In Anderson v. Family Dollar Stores of Arkansas, Inc., the Eighth Circuit Court of Appeals closely followed the US Supreme Court's direction that Title VII is not a "general civility code for the American workplace." Employers can take comfort in the high standard courts have set regarding bad behavior in the workplace, but a company that wants to remain an employer of choice will hold their management team to a much higher standard. Bottom line, if one of your managers is a jerk, you should... Posted on October 5, 2009 at 08:26 am by Jewel Bennett

Back in 1993, the Arkansas Legislature rewrote the law to say that an injured worker is eligible for workers' comp benefits only if the injury happened while she was "performing employment services." The intent at that time was to help employers avoid paying for injuries sustained while employees were on breaks. But since then, the insurance companies have fought to expand the reach of that restriction. One recent case that made the news is a good example of that trend. According to press... Posted on February 21, 2009 at 04:28 pm by Mark White

Some employers try to avoid carrying workers' comp insurance by calling their employees "independent contractors". If you were hurt on the job but denied benefits because you were supposedly an "independent contractor", talk to a lawyer before you give up on your claim. The reality is that in many cases, these employers are just scam artists -- they are cheating their employees out of legally-required benefits, and they are cheating the government by not paying their taxes. There are basically... Posted on February 5, 2009 at 07:35 am by Mark White

Effective January 15, Governor Beebe appointed a new chairman of the Workers' Compensation Commission for a six-year term. A. Watson Bell, a Searcy lawyer, replaced former Chairman Butch Reeves. There are three members of the Commission -- Chairman Bell, Karen McKinney, and Philip Hood. You can read their biographical information here. When a Judge decides a case and one side appeals, these three Commissioners decide the appeal. Commissioner McKinney is the "management" representative and... Posted on January 22, 2009 at 02:35 am by Mark White