Articles Posted in Civil Litigation

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Appellants filed a class action complaint alleging that the circuit court clerk falsely and fraudulently notarized oil-and-gas leases outside the presence of the landowners. The complaint requested an injunction and other relief. After a hearing, the circuit court sua sponte dismissed the case for lack of damages. The Supreme Court reversed, holding that the circuit court improperly dismissed Appellants’ complaint, as the sua sponte dismissal foreclosed the possibility that Appellants might have been able to submit additional evidence indicating that there remained a genuine issue of material fact, i.e., that they had suffered damages. View "Lipsey v. Giles" on Justia Law

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Plaintiff filed an amended complaint against Defendants, alleging breach of contract, misappropriation of trade secrets, tortious interference with a contract and business expectancy, and civil conspiracy. The circuit court granted Defendants’ motion to dismiss all four causes of action, concluding that Plaintiff failed to plead sufficient facts upon which relief could be granted. After Plaintiff filed an amended complaint asserting the same four causes of action, the circuit court again dismissed the complaint with prejudice under Ark. R. Civ. P. 12(b)(6). The Supreme Court (1) affirmed the part of the court’s second order dismissing with prejudice the breach-of-contract claim; but (2) reversed and remanded the parts of the order dismissing with prejudice Plaintiff’s remaining claims, as the claims went beyond mere conclusions and sufficiently stated facts upon which relief could be granted. View "The Ballard Group, Inc. v. BP Lubricants USA, Inc." on Justia Law