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Don’t Count Your Chickens Before They Hatch: When an Attorney Lacks Authority to Settle a Case

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In Arkansas, litigation is more likely to be resolved by settlement than by trial. While settlement is generally the quickest route to resolution, settlement negotiations can sometimes be tumultuous and so it is particularly important that all of the attorneys and clients make sure that they are on the same page as they navigate through […]

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Posted in Contracts

Not Red Handed: When A Gun is Found 20 Yards From a Suspect in an Unlocked Shed.

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The phrase “caught red handed” is often used in police dramas to describe a suspect in possession of a key piece of evidence that leads to a conviction. However, in many real criminal investigations the evidence of a crime is more nuanced and may depend upon circumstantial evidence to support a claim of constructive possession. […]

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How Hostile Must I Be To Acquire Ownership By Adverse Possession?

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To prove ownership of land by adverse possession, one must show possession of the disputed property continuously for seven years and that the possession has been actual, open, notorious, continuous, hostile and exclusive, and accompanied with an intent to hold the property against the true owner. However, a recent decision by the Arkansas Court of […]

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Child’s Severe Burns From Space Heater Do Not Result In Landlord Liability For Failed Heating System.

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A landlord had a duty to provide heat to his tenant’s residence and knew that the furnace was broken. Yet, the landlord was held to have no liability when his tenant’s nine-year old granddaughter suffered extensive burns after her dress came in contact with a space heater being used to heat the home. Why? It […]

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Making Bad Decisions Leads to More Bad Decisions: Meth Use Does Not Invalidate Consent to a Police Search.

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Methamphetamine is an insidious drug that can cause serious turmoil in the lives of its users. That point is exemplified in the recent case of Dye v. State, 2018 Ark. App. 545 (Ark. App. 2018), in which a methamphetamine user consented to a police search of his house, while he was under the influence of […]

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No Noise Ordinance In Your Community? Fire Away!

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Owners of land surrounding a shooting range constructed by an American Legion Post on a 40 acre tract in rural Arkansas County filed suit to stop the operation of the range, arguing that noise from the range constituted a nuisance. In a 4-3 decision, the Arkansas Supreme Court sided with the shooting range because no […]

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To Catch a Catfish: A Woman’s Impersonation of a Deceased Romantic Rival Provided Sufficient Proof of Murder

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“Catfishing” is a well known phenomenon in modern society in which a person adopts the digital identity of a real person, or even a non-existent person, on social media and/or other digital platforms, as a means of deceiving someone for romantic, financial, or other fraudulent purposes. An imposter in Nebraska took this practice to a […]

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Posted in Uncategorized

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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Posted in Uncategorized

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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Posted in Uncategorized

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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