Tag: Pleadings

Pleasant v. McDaniel – 2018 Ark. App. 254, 550 S.W.3d 8 (2018).

Background

• • State brings Arkansas Deceptive Trade Practices Act (Ark. Code Ann. § 4-88-101, et seq.) case against defendants who were contacting MVA victims to soliciting business for chiropractors
  • Defendants found liable.

• Appeal argument: ADTPA pleadings were invalid because they did not meet the Rule 9(b) “particularity” requirement.

Issue

Does the Rule 9 “particularity” pleading requirement apply to an ADTPA action?

Rule 9

“(b) Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. …”
Continue reading ACOA: Rule 9(b) Fraud “Particularity” Pleading Standard Does Not Apply to ADTPA Claim.

Orintas v. Point Lookout Property Owners Association Board of Directors, 2015 Ark. App. 648, 476 S.W.3d 174 (2015).

At hearing on appellee’s motion for summary judgment, circuit court granted appellee’s oral motion to strike appellants’ third amended complaint that was filed three days before the hearing.

Appellants argued that striking the complaint was abuse of discretion. Court of appeals affirmed. Continue reading ACOA: No Discretion Abuse in Striking Amended Complaint Filed 3 Days Before Summary Judgment Hearing

The Logan Centers, Inc. v. Walker, 2015 Ark. App. 687.

Prior to the expiration of time to file its answer, defendant filed a motion for extension of time. Defendant attached affidavits in support of the motion.

Circuit court denied the motion holding that the motion was not presented to the court nor was a ruling requested prior to the answer time expiring. Circuit court also held that the motion lacked credible evidentiary proof.

Court of appeals reversed holding that Rule 6(b)(1) does not require a request for trial court ruling prior to the answer time expiration.

Continue reading ACOA: Rule 6(b)(1) Does Not Require Ruling on Answer Time Extension Before Time Expires

Clayton v. Batesville Casket Company, 2015 Ark. App. 361, 465 S.W.3d 441 (2015).

Plaintiff family members sued casket company for tort and breach-of-warranty claims because of an alleged leaking casket. Circuit court dismissed for failure to state a claim, and the court of appeals affirmed.

In Arkansas, the complaint must state facts, not mere conclusions, showing the pleader is entitled to relief. Continue reading ACOA: Complaint Must State Facts Not Merely Conclusions