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Bad Answer! On Making Sure Defendants In Civil Cases Poperly Respond To The Allegations In The Compliant

I’m looking forward to reading the article discussed in “A Non-Frivolous Challenge to Frivolous Defenses”, a new post at Jotwell, a legal blog that I suspect is going to become one of my favorites. Without getting too nerdy, the piece discusses a recent law review article about the various ways that defense lawyers in civil cases, such as Arkansas personal injury cases, employment discrimination cases, and insurance claims, try to get around actually responding to the allegations plaintiffs make in their complaint.

January 13, 2021
Geoffrey D. Kearney

$1.1M Verdict Against Rapper Fetty Wap’s Record Label Overturned Due to Improper Closing Statement

The Golden Rule, the idea that we should treat others the way we want to be treated, is a good aphorism. It’s a pithy encapsulation of how people in a society should behave. However, the divide between common sense, morality, etc.

April 28, 2021
Geoffrey D. Kearney

Giving Thanks For This Legal Blast From The Past

As you deal with that turkey that just won’t come to temperature, the dressing that just won’t firm up, or the sweet potatoes you just don’t feel like peeling and cutting up, remember that things could be worse. You could be H.S. Nolen, a Texas turkey farmer whose birds were run over by a negligently conducted train in the late 1930s.

November 25, 2020
Geoffrey D. Kearney

Court of Appeals Affirms Change of Custody Due to Custodial Parent’s Bad Acts

Julia and Michael married in 2008, had a child, M.B., in 2010, and divorced in July 2016. Julia was awarded custody. Following the divorce, Julia and M.B. resided in Newport (where Michael’s family also lived), and Michael lived in Fayetteville.

April 28, 2021
Geoffrey D. Kearney

Probation Revocation Is Possible Even After Sentence Has Ended

The facts and legal argument in this short case are straightforward. Adams, the appellant, pled guilty to aggravated assault in February 2013 and was sentenced to three years’ probation. A petition to revoke was filed in August 2015. On the same day, an arrest warrant was issued. It was executed shortly thereafter. A second petition to revoke was filed in January 2017.

January 13, 2021
Geoffrey D. Kearney

Big News In Legal Citation!

This is big legal citation news. As stated in this ABA Journal post, the “cleaned up” citation has made its way to the U.S. Supreme Court. What is “cleaned up”, you might be asking, fully aware that you’ll likely regret it?

March 19, 2021
Geoffrey D. Kearney

The Basics Of An Appeal

What Is An Appeal? We have a court system composed of higher courts and lower courts. The lower courts are generally where cases start, and the higher courts review those decisions. For instance, let’s say you’re charged with a crime in Arkansas state court, such as, say, drug possession, disorderly conduct, terroristic threatening, etc. Or perhaps you file for divorce. Your case would be heard in an Arkansas circuit court.

January 6, 2021
Geoffrey D. Kearney

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