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Powers of Attorney: They Mean What They Say.

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Powers of attorney are documents used to designate a person (the attorney-in-fact) who is authorized to act for the signer under particular circumstances (a limited power of attorney), or generally (a general power of attorney), and may be drafted to allow the attorney-in-fact to act even after the signer becomes incompetent (a durable power of […]

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Emotional Distress Without Physical Injury = No Lawsuit.

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At 2 a.m., a drunk driver crashes through your house while you sleep. You aren’t physically injured, but the incident dredges up memories of a past accident which claimed the life of your mother and daughter and now you have nightmares and trouble concentrating. Do you have a claim against that driver? Arkansas courts say […]

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Did You Sign Away Your Right To A Jury Trial? Maybe Not.

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“The right of trial by jury shall remain inviolate . . . .” Ark. Const. Article 2, §7. The right to a jury trial is a part of our State Constitution, but that right has always been subject to certain limitations. Now, as a result of a recent Arkansas Supreme Court decision, a long-recognized barrier […]

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Let’s Be Civil. Joint Custody of Your Child Depends On It.

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Arkansas law favors joint custody of children following a divorce. But if mom and dad cannot cooperate and communicate with each other, a joint custody arrangement will not be tolerated by our courts. Civility, or a lack thereof – we’re used to hearing about the issue in the political arena. But, as the Arkansas Court […]

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Don’t Like That VRBO Vacation Rental Next Door? Read Your Covenants Before You Complain!

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Vacation travel isn’t just about hotel rooms anymore. VRBO.com and Airbnb.com are often the first places people look for lodging when traveling out of town. But what if it is the house next door to yours that is suddenly on the short-term rental market? Before you complain, you need to read your subdivision’s covenants. There […]

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It is Good to be King: No, You Cannot Sue the State!

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In battles between the proverbial David and Goliath, sometimes the giant wins. That is often the case when it comes to wrongful acts committed by the State of Arkansas, as the state is protected by sovereign immunity. The doctrine of sovereign immunity generally prevents a state from being civilly liable for its wrongdoing. A principle […]

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The Love Boat: Arkansas Even Recognizes River Boat Marriages that Take Place in Other States

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Sometimes a marriage license is not “just a piece of paper” and can be quite significant. In the recent case of Stovall v. Preston, 2018 Ark. App. 64, the Arkansas Court of Appeals upheld the validity of the marriage of a couple that were married more than twenty-seven years earlier by a boat captain in […]

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Putting Lipstick on a Pig: Recess Versus Physical-Activity Periods

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In 2012, when the Pulaski County Special School District (“PCSSD”) replaced paid monitors, who had been supervising the students’ recess, with certified teachers, some teachers vehemently protested the change. They argued that the school district’s actions violated existing Arkansas law that had been enacted to protect teachers from being burdened with wide-ranging duties that extend […]

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Paying The Very Expensive Price Of Not Believing All Politics Are Local.

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A much disputed election of officers in the Crittenden County, Arkansas, branch of the NAACP occurred in 2010. All of the incumbents were defeated and replaced. The National NAACP organization, backing the local incumbents, claimed in several written and spoken public declarations over many months that the election was void, refused to acknowledge the new […]

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Posted in Legal World

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

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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