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What’s In A Name?

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Charities often attract gifts from wealthy donors by agreeing that a building, facility or program will carry the donor’s name. What happens, however, if that donor’s name subsequently becomes tarnished and the charity wishes to remove it? Vanderbilt University was required to repay an 83-year-old donation of $50,000 in present day dollars – to the […]

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Posted in Contracts

Taking the Bait: Is it justifiable to rely on a bare statement that a toolbox is worth $150,000?

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The old adage, “[i]f it seems to be too good to be true, it probably is,” is well worth considering the next time you make a large purchase. That advice would have come in quite handy for a woman and her son who paid an extra $100,000 for a parcel of real estate in order […]

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Posted in Contracts

Shootout on Highway 65: Are Gunfights Covered Under an Auto Insurance Policy?

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While it is true that one can insure just about anything, that does not mean that everything is insured. A man in Southeast Arkansas learned that lesson the hard way, after his auto insurance claim was denied following a gunshot injury that he received while driving on a highway. The man was driving his vehicle […]

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Posted in Tort Litigation

The Unexpected Serendipities From Not Cleaning Up the “Loose Ends” In A Divorce

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Divorces are designed by law and intended by the parties to conclusively end their relationship with each other and separate their property so that each can go forward with their assets untethered from the marriage. Sometimes, the parties, their lawyers, and/or the law leaves some “money on the table” for the other spouse. This is, […]

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Posted in Family Law

The Times They Are A-Changin’: A Sing-Along with the Chief Justice of the Arkansas Supreme Court

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On the heels of the United States Supreme Court’s decision in the Obergefell v. Hodges, 576 U.S. , 135 S. Ct. 2584 (2015), which effectively abolished prohibitions against same-sex marriage in the United States, state supreme courts around the country have been grappling with the legal implications of that ruling on state statutes that are […]

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Posted in Family Law

Katy bar the door! Union officials are prohibited from protesting in Walmart stores, but they are welcome to shop.

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It is well known that there has been a “cold war” for decades between Walmart and labor unions. Walmart and the labor unions have engaged in both symbolic battles as well as legal battles to support their respective positions. This conflict has risen to the point of pop culture status, as Walmart opponents and celebrities […]

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Posted in Tort Litigation

“Good condition” is not a reliable warranty; “right to return for purchase price” is.

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One would think when purchasing anything from an automobile to an appliance to equipment, that the assurances of the seller that the item is in “good and reliable” condition would be an effective warranty protecting the buyer. It is not. Make sure you get a written promise to return it for your purchase price if […]

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Posted in Uncategorized

Marijuana, and Casinos, and Tort Reform! Oh, my!

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To add to the drama of this unprecedented election season, a side battle has been raging in Arkansas Courts with respect to three proposed amendments to the Arkansas Constitution. This battle involves attempts, through constitutional amendment, to legalize medical marijuana, legalize additional casinos and gambling, and authorize the Arkansas General Assembly to enact a specific […]

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Posted in Legal World

The “terror” of no-contest clauses

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Clients, seeing or hearing of bitter and expensive legal disputes in other families over estates, concerned about their own family engaging in such disputes after their death, or both, often seek to avoid that by requesting their attorney insert “In terrorem” (Latin– “about fear”) or “non-contest” provisions in their wills or trusts. Simple in concept, […]

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“How was your day at the office, honey?” “Don’t ask, you won’t believe it!”

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The awesome sweep of federal law enforcement authority is often depicted dramatically in the movies. However, real life experiences demonstrate the overpowering reality of law enforcement when it intersects with the lives of ordinary citizens. Such was the seizure of the Mountain Pure water bottling facility in central Arkansas on January 18, 2012. This “wild west” […]

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Posted in Tax

What’s Our Blog Anyway?

The Davis Firm represents clients of all sizes, from individuals of modest means, to Fortune 500 companies.  We practice in many areas as  a general law practice, but the size and experience of our firm has developed in its various lawyers areas of particular focus and expertise, such as commercial litigation, insurance defense, Bankruptcy, and tax law.  As a profession, we find the law challenging, fulfilling, rewarding, and not infrequently, fun and funny. Law is dynamic; it changes daily with the issuance of new court decisions, administrative rulings, legislation, and even social and demographic changes. For our clients, law is critical to their plans, personal and financial security and success. Thus, part of our job is persistently monitoring, at all levels and from all sources, developments in the law.

From our ongoing review we provide this Blog, as a peek for our clients, contacts and friends into the ever changing intricacies of the law,  a “Readers Digest” if you will of short, perhaps helpful, and hopefully interesting summaries of recent developments in the law.


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