Litigation News

Brad Runyon Elected President of AADC


The firm is proud to announce that Attorney Bradley S. Runyon, a partner in the Medical Malpractice group, has been elected to serve as president of the Arkansas Association of Defense Counsel (AADC).

Read More 

Kael Bowling Graduates from Leadership Fayetteville


Attorney Kael K. Bowling is a recent graduate of Leadership Fayetteville, an annual program of the Fayetteville Chamber of Commerce created to further expand its graduates’ involvement in the community. The program is designed to serve as the beginning of a long-term relationship with various aspects of Fayetteville, allowing class participants to learn about numerous segments of the community during the 10-month program.

Read More 

Part 5: Damages


Med Mal 101: Back to Basics is 12-part series produced by Friday, Eldredge & Clark. Written by the attorneys in the Medical Malpractice Group, the content is designed to give physicians and other healthcare providers information they need to know about malpractice litigation.

Read More 

Chambers USA Releases 2019 Rankings


Friday, Eldredge & Clark, LLP is pleased to announce that 26 attorneys are recognized as “Leaders in Their Field” in eight practice areas in the 2019 Chambers USA: America’s Leading Lawyers for Business.

Read More 

Part 4: Causation


Med Mal 101: Back to Basics is 12-part series produced by Friday, Eldredge & Clark. Written by the attorneys in the Medical Malpractice Group, the content is designed to give physicians and other healthcare providers information they need to know about malpractice litigation.

Read More 

Michelle Ator Featured Guest on National Podcast


Attorney Michelle Ator was the featured guest on this week’s “Behind the Knife” podcast. “Behind the Knife” is a leading surgical podcast that interviews leaders in surgery from a broad range of specialties, to provide to their listeners with a "behind the scenes" look at the interesting, controversial and humanistic side of surgery from some of the giants in the field.

Read More 

‘Stump Dump’ Fire Just Beginning


By Robert W. George
Northwest Arkansas Business Journal

Putting out the underground fire still smoldering at the property in Bella Vista known as the “Stump Dump” could be the easiest part of resolving a situation that has concerned residents for months.

Read More 

Part 2: Responding to a Complaint


Med Mal 101: Back to Basics is 12-part series produced by Friday, Eldredge & Clark. Written by the attorneys in the Medical Malpractice Group, the content is designed to give physicians and other healthcare providers information they need to know about malpractice litigation.

Read More 

New Litigation Attorney Hired at Firm


Friday, Eldredge & Clark, LLP is pleased to welcome attorney Michael McCarty Harrison who joins the firm with 20 years of litigation experience.

Read More 

Part 1: How a Lawsuit Gets Started


Med Mal 101: Back to Basics is 12-part series produced by Friday, Eldredge & Clark. Written by the attorneys in the Medical Malpractice Group, the content is designed to give physicians and other healthcare providers information they need to know about malpractice litigation.

Read More 

Firm Welcomes New Attorney to NWA


Friday, Eldredge & Clark, LLP is pleased to welcome attorney Katherine C. Campbell.

Read More 

Friday, Eldredge & Clark Announces New Partners


Friday, Eldredge & Clark, LLP announced today that three attorneys have been elected to the firm’s partnership: Angela Artherton, Katie Watson Bingham and Tyler D. Bone.

Read More 

Hospital Litigation Trend Causes Concern Among Providers


A recently approved $2.2 million settlement by an Arkansas hospital accused of improper billing practices in violation of the Arkansas Deceptive Trade Practices Act (ADTPA) could prompt similar lawsuits against other hospitals. Though the practice in question has been accepted in the medical industry, it is now the subject of a new litigation trend and a concern of hospital administrations. 

Read More 

Attorney Michelle Ator Joins Panel at AHA Meeting


At this year’s Arkansas Hospital Associations Annual Meeting, Medical Malpractice Attorney Michelle Ator took part in a panel discussion that focused on recent developments, trends and challenges in legal and risk management.

Read More 

Friday Eldredge & Clark Welcomes Four New Attorneys


Friday Eldredge & Clark, LLP is pleased to welcome four new associates. Lindsey H. Emerson, Sarah Giammo and Caitlin Kennedy join the firm’s headquarters in Little Rock and Andrew Lawson is the newest member of the firm’s office in Rogers. All of the newly hired associates have previously worked as law clerks at the firm.

Read More 

Attorney Kael Bowling Chosen for Leadership Fayetteville Program


The Fayetteville Chamber of Commerce named Attorney Kael M. Bowling as a member of Class XXXII to the Leadership Fayetteville Program.

Read More 

Attorney Michelle Ator Participates in ABOTA Trial College


Attorney Michelle Ator served as a faculty member in the recent American Board of Trial Advocates (ABOTA) National Trial College that took place at Yale Law School in New Haven, CT.

Read More 

Stormwater Pollution Citizen Suits on the Rise


By Robert W. George

US corporations and farmers have cheered the more “business-friendly” approach recently adopted by the Environmental Protection Agency (EPA) but any relief they are experiencing will be short-lived if the plaintiff’s bar gets its way. 

Read More 

Employers Beware: Significant Changes to Rule Regarding Service of Process


Arkansas Rule of Civil Procedure 4 governs service of the summons and complaint necessary to begin any lawsuit. The rule specifies who can accept service and how the summons and complaint must be served. On June 21, 2018, the Arkansas Supreme Court approved significant amendments to Rule 4 that are set to go into effect on January 1, 2019.

Read More 

China Agrictech, Inc. v. Resh: Employees Have Fewer Options When Filing Class Action Suits


Class action lawsuits allow large groups of plaintiff’s to bring their claims together in a single lawsuit. In the realm of employment law, employees may bring class action suits for claims of systemic harassment, discrimination or unequal pay. While class actions are costly for employers, they offer several advantages for employees, including the fact that filing a class action tolls the statute of limitations — in other words, it pauses the clock and delays the deadline by which a person has to file a claim. 

Read More 

In Respect to Loan Agreements, Bill Preserves the Right to Waive a Jury Trial


By Jason Bramlett

The old saying of “your wish is my command” is often employed when one party’s wish for something to happen becomes another’s command to action to make it happen. Before we get to the significance of that phrase, however, a little background is needed.  In the January 22, 2018 issue of the Northwest Arkansas Business Journal, I wrote about a recent decision from the Arkansas Supreme Court that rendered unconstitutional a contractual provision waiving a party’s right to a jury trial.

Read More 

Contractual Waiver of Jury Trials Bill Signed by Governor


Included in Governor Hutchinson’s recent call for an Extraordinary Session of the General Assembly was an item to address the recent Arkansas Supreme Court decision holding that contractual waivers of jury trials were unenforceable. The Court, in a 4 -3 decision, held in Tilley v. Malvern National Bank that such provisions were invalid because Article 2, Section 7 of the Arkansas Constitution  provided  that a jury trial may only be waived “in the manner prescribed by law,” and neither the General Assembly nor the Supreme Court had enacted statutes or rules permitting waivers. Under the four-justice majority’s ruling, waivers must be approved by either statute or court rule.

Read More 

Benchmark Litigation Names Local Litigation Stars


Friday, Eldredge & Clark is pleased to announce that five of the firm’s lawyers have been named "Local Litigation Stars" in Benchmark Litigation’s 2018 edition. The firm is described in the guide as offering "a strong corporate practice that complements general business and commercial litigation capabilities regarded by peers as second to none. The firm’s expertise extends well beyond the commercial realm, however, encompassing more than fifty practice areas, including government affairs, regulatory law, employment and healthcare. In-depth understanding of horse racing and gaming law is one of the more niche practice areas the firm has cornered over the years."

Read More 

Recent High Court Decision Could Impact Loan Agreements


On Dec. 7, 2017, in a case styled as Tilley v. Malvern Nat’l Bank, 2017 Ark. 343, the Arkansas Supreme Court ruled that certain contractual provisions providing for the waiver of a jury trial are unenforceable. The Supreme Court reasoned in part that waiving the right to a jury trial before litigation arises is unconstitutional.  

Read More 

Case Report: Court Rules in Favor of Company in Discrimination Case


The U.S. Court of Appeals for the Eighth Circuit ruled in favor of Rock-Tenn Services, Inc., which does business as WestRock Services, in a discrimination case. The plaintiff alleged he was treated unfavorably because he is a man and is not Jewish. Attorneys Marshall S. Ney and Angela Artherton represented Rock-Tenn Services in the lawsuit. 

Read More 

Attorneys Appointed by Arkansas Supreme Court to Serve on Committees


Attorneys Jamie Huffman Jones and Marshall S. Ney have both been appointed by the Arkansas Supreme Court to serve on separate committees beginning in 2018.

Read More 

Michelle Ator Talks Current Trends in Malpractice Litigation


Attorney Michelle Ator took part in a panel discussion focused on malpractice litigation trends at the Arkansas Hospital Association's Annual Meeting on Wednesday, Oct. 4. The discussion titled "Tales from the Trenches: War Stories From the Defense Bar" was led by moderator Elisa White, AHA's vice president and general counsel.

Read More 

Marshall Ney Makes Rounds on Speaking Circuit


Marshall Ney has been making the rounds on the speaking circuit recently in Northwest Arkansas discussing education law, special education law and related matters.  

He spoke to the Harding University Master of Education in Educational Leadership class about the role of the judicial system in K-12 schools, the impact of the Individuals with Disabilities Education Act (IDEA), other special education legal updates and practical tips for legal compliance, which is always a hot topic for educators. 

Marshall then presented to building level special education designees in a local school district on IDEA compliance and practical guidance. 

Earlier this month (August) he spoke to another  local school district about ADA compliance and OCR enforcement actions and followed up that speech with a presentation a few days later to an education service cooperative, where his training was focused on the Family Educational Rights and Privacy Act, FOIA, social media best practices and IDEA updates. 

Marshall serves as litigation counsel to businesses, insurance companies, school districts and individuals in most types of complex and commercial disputes, employment claims and insurance coverage issues.  His litigation experience is extensive and includes class action litigation, noncompetition agreements, trade secrets, corporate dissolutions, discrimination suits, business contracts, bankruptcy discharge challenges, insurance contracts, bad faith claims, education law and special education law. 

Marshall has more than 25 years of litigation experience and serves as counsel for multiple school districts across the state, including two of the state's largest districts. He has also served as Associate General Counsel for a Fortune 10 company with responsibility for commercial, employment and personal injury litigation. 

Read More 

Legal Hot Topic: Healthcare



Hospitals and clinics often produce a patient’s medical record multiple times and all copies are not the same; that creates problems in litigation.


1. Designate one person in your hospital or clinic to be in charge of production of medical records, regardless of who is requesting copies. 

2. Make sure the individual is well trained on how to produce records in the proper manner. He or she should know all the screens and functions that must be accessed to print everything that pertains to the patient. Be sure to include everything — including things like telemetry strips, fetal heart monitor records, labs and records from outside providers. He or she should also be made aware that information may look different if various print functions are used.

3. Decide on the best method for printing, and then be consistent each time a record is produced.

This news alert is created by the attorneys at FridayEldredge & ClarkLLP. The information provided is not a substitute for legal advice and should be considered for general guidance only. Please contact one of our attorneys for specific legal advice regarding this matter. 

Read More 

Attorney Speaks at 2017 Medical Malpractice Seminar


Attorney Bradley S. Runyon spoke recently at the Pulaski County Bar Association's 2017 Medical Malpractice Seminar that was held at the UALR Bowen School of Law. The one-day seminar focused on a variety of topics related to the medical malpratice area of law. Brad presented "Pitfalls in the Proof: Common Fatal Flaws" that outlined discussed the unique requirements of the Arkansas Medical Malpractice Act and the most common ways in which a plaintiff will fail to meet their legal burden of proof.

Read More 

Firm Named Arkansas Law Firm of the Year by Benchmark Litigation


Friday, Eldredge & Clark, LLP was named 2017 Arkansas Law Firm of the Year by Benchmark Litigation at the annual awards ceremony that was held Thursday, Feb. 16 in New York.

Read More 

Three New Attorneys Named as Partners


Friday, Eldredge & Clark, LLP has named three new partners to the firm: Marshall S. Ney, E. Conner McNair and W. Taylor Marshall.

Read More 

Mid-South Super Lawyers Name 34 Attorneys to Annual List


Mid-South Super Lawyers named 34 Friday, Eldredge & Clark’s attorneys to their annual listing of top lawyers. In addition, Laura Hensley Smith was named one of the “Top 5o: 2016 Women in the Mid-South” and Donald H. Bacon, Kevin A. Crass, William M. Griffin III, James M. Simpson, Jr., Frederick S. Ursery and William A. Waddell, were named “Top 50: 2016 Arkansas.”

Read More 

Firm Tops List of U.S. News and Best Lawyers "Best Law Firms" in State


Friday, Eldredge & Clark, LLP has been ranked in the 2017 U.S. News - Best Lawyers® "Best Law Firms" list regionally in 41 practice areas, which is the most of any other law firm in the state. Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.

Read More 

Eleven Friday, Eldredge & Clark Attorneys Named as “Lawyers of the Year” in The Best Lawyers in America© 2017


Best Lawyers has named eleven attorneys at Friday, Eldredge & Clark as Lawyers of the Year. 

Those honored and the areas for which they are recognized are:

Michelle Ator – Medical Malpractice Law – Defendants
Robert B. Beach, Jr. – Public Finance Law
James C. Clark – Real Estate Law
Allison J. Cornwell – Litigation – Trusts and Estates
Kevin A. Crass – Litigation – Securities
Khayyam M. Eddings – Education Law; Employment Law - Individuals
Price C. Gardner – Corporate Law
Harry A. Light – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Sarah Cotton Patterson – Non-Profit / Charities Law
J. Shepherd Russell, III – Municipal Law
James M. Simpson – First Amendment Law

Because only a single lawyer in each area of law in each community is being honored as the Lawyer of the Year, this award is a high honor. Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The lawyers being honored as Lawyers of the Year have received particularly high ratings in the surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.

Read More 

52 Friday, Eldredge & Clark, LLP Attorneys Named to The Best Lawyers in America© 2017


Friday, Eldredge & Clark, LLP is pleased to announce that 52 lawyers have been named to The Best Lawyers in America© 2017, the oldest and one of the most respected peer-review publications in the legal profession. Best Lawyers has published their list for over three decades. The lawyers on the list are reviewed by their peers on the basis of professional expertise and undergo an authentication process to make sure they are in current practice and in good standing. Following is a listing, by practice area, of the lawyers named to the list for 2017, along with their location:



Lawyer Name

Little Rock

Appellate Practice Robert S. Shafer
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Harry A. Light
Bet-the-Company Litigation Kevin A. Crass
Bet-the-Company Litigation William Mell Griffin III
Bet-the-Company Litigation Christopher J. Heller
Bet-the-Company Litigation Elizabeth Robben Murray
Bet-the-Company Litigation James M. Simpson
Bet-the-Company Litigation William A. Waddell, Jr.
Commercial Litigation Kevin A. Crass
Commercial Litigation William Mell Griffin III
Commercial Litigation Christopher J. Heller
Commercial Litigation Elizabeth Robben Murray
Commercial Litigation William A. Waddell, Jr.
Commercial Litigation David D. Wilson
Corporate Law Paul B. Benham III
Corporate Law Walter M. Ebel III
Corporate Law Price C. Gardner
Education Law Khayyam M. Eddings
Education Law Christopher J. Heller
Education Law Ellen Owens Smith
Employee Benefits (ERISA) Law David M. Graf
Employee Benefits (ERISA) Law Joseph B. Hurst, Jr.
Employee Benefits (ERISA) Law Alexandra A. Ifrah
Employee Benefits (ERISA) Law A. Wyckliff Nisbet, Jr.
Employment Law - Individuals Khayyam M. Eddings
Employment Law - Individuals Elizabeth Robben Murray
Employment Law - Management Oscar E. Davis, Jr.
Employment Law - Management Khayyam M. Eddings
Employment Law - Management Christopher J. Heller
Employment Law - Management Daniel L. Herrington
Employment Law - Management Michael S. Moore
Employment Law - Management Elizabeth Robben Murray
Employment Law - Management Frederick S. Ursery
Employment Law - Management H. Wayne Young
First Amendment Law James M. Simpson
Franchise Law William A. Waddell, Jr.
Health Care Law Bruce B. Tidwell
Insurance Law James C. Baker, Jr.
Labor Law - Management Oscar E. Davis, Jr.
Labor Law - Management Daniel L. Herrington
Labor Law - Management Michael S. Moore
Legal Malpractice Law - Defendants Donald H. Bacon
Litigation - Antitrust James M. Simpson
Litigation - Banking and Finance William A. Waddell, Jr.
Litigation - Bankruptcy Harry A. Light
Litigation - Labor and Employment Christopher J. Heller
Litigation - Labor and Employment Daniel L. Herrington
Litigation - Labor and Employment Michael S. Moore
Litigation - Labor and Employment Elizabeth Robben Murray
Litigation - Labor and Employment Frederick S. Ursery
Litigation - Labor and Employment H. Wayne Young
Litigation - Securities Kevin A. Crass
Litigation - Trusts and Estates Allison J. Cornwell
Litigation - Trusts and Estates Sarah Cotton Patterson
Litigation and Controversy - Tax Price C. Gardner
Media Law James M. Simpson
Medical Malpractice Law - Defendants Michelle Ator
Medical Malpractice Law - Defendants Donald H. Bacon
Medical Malpractice Law - Defendants Bradley S. Runyon
Medical Malpractice Law - Defendants Laura Hensley Smith
Medical Malpractice Law - Defendants J. Adam Wells
Mergers and Acquisitions Law Paul B. Benham III
Mergers and Acquisitions Law Walter M. Ebel III
Municipal Law J. Shepherd Russell III
Non-Profit / Charities Law Byron M. Eiseman, Jr.
Non-Profit / Charities Law Sarah Cotton Patterson
Non-Profit / Charities Law K. Coleman Westbrook, Jr.
Personal Injury Litigation - Defendants Michelle Ator
Personal Injury Litigation - Defendants Donald H. Bacon
Personal Injury Litigation - Defendants James C. Baker, Jr.
Personal Injury Litigation - Defendants Kevin A. Crass
Personal Injury Litigation - Defendants William Mell Griffin III
Personal Injury Litigation - Defendants Joseph P. McKay
Personal Injury Litigation - Defendants James M. Simpson
Personal Injury Litigation - Defendants Laura Hensley Smith
Personal Injury Litigation - Defendants Guy Alton Wade
Personal Injury Litigation - Defendants David D. Wilson
Personal Injury Litigation - Defendants Frederick S. Ursery
Personal Injury Litigation - Plaintiffs Frederick S. Ursery
Project Finance Law J. Shepherd Russell III
Public Finance Law Robert B. Beach, Jr.
Public Finance Law Ryan Bowman
Public Finance Law Thomas P. Leggett
Public Finance Law J. Shepherd Russell III
Railroad Law Joseph P. McKay
Railroad Law Scott H. Tucker
Railroad Law Frederick S. Ursery
Real Estate Law James C. Clark
Real Estate Law Price C. Gardner
Real Estate Law James M. Saxton
Real Estate Law Jay T. Taylor
Securities / Capital Markets Law Paul B. Benham III
Securities / Capital Markets Law Walter M. Ebel III
Securities / Capital Markets Law Robert T. Smith
Securities Regulation Paul B. Benham III
Securitization and Structured Finance Law J. Shepherd Russell III
Tax Law J. Lee Brown
Tax Law Bryan W. Duke
Tax Law Walter M. Ebel III
Tax Law Byron M. Eiseman, Jr.
Tax Law Price C. Gardner
Tax Law Robert T. Smith
Trade Secrets Law Elizabeth Robben Murray
Trusts and Estates W. Thomas Baxter
Trusts and Estates J. Lee Brown
Trusts and Estates Allison J. Cornwell
Trusts and Estates Byron M. Eiseman, Jr.
Trusts and Estates Sarah Cotton Patterson
Trusts and Estates K. Coleman Westbrook, Jr.
Workers' Compensation Law - Employers Guy Alton Wade


Appellate Practice R. Christopher Lawson
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Jason N. Bramlett
Bet-the-Company Litigation Clifford W. Plunkett
Commercial Litigation Clifford W. Plunkett
Personal Injury Litigation - Defendants Clifford W. Plunkett


Commercial Litigation Marshall S. Ney
Litigation - Banking and Finance Marshall S. Ney
Litigation - Bankruptcy Marshall S. Ney
Litigation - Intellectual Property Marshall S. Ney
Litigation - Labor and Employment Marshall S. Ney

Read More 

Friday, Eldredge & Clark, LLP Attorneys Listed in Chambers USA America’s Leading Lawyers for Business 2016 Edition


Friday, Eldredge & Clark, LLP is pleased to announce that Chambers and Partners, Legal Publishers, recently released its Chambers USA 2016 edition, an annual listing of America’s Leading Lawyers for Business. Friday, Eldredge & Clark was highly ranked in all four categories in which rankings are published – Corporate/Commercial, Labor & Employment, Litigation, and Real Estate. Twenty-four individual lawyers in the firm were recognized in eight categories, with several lawyers listed in more than one category.

Read More 

Friday, Eldredge & Clark Attorneys, Practice Groups Ranked in 2015 Chambers USA


Friday, Eldredge & Clark LLP is ranked in four practice groups in the 2015 edition of Chambers USA: A Guide To Americas Leading Lawyers for Business. In addition, 23 of the firms attorneys received individual rankings in the publication. Friday, Eldredge & Clarks rankings page, including client commentary about individuals ...

Read More