News
Williams & Anderson Authors American Bar Association’s Survey of State Class Action Law 2009 for Arkansas
The Class Actions and Derivative Suits Committee of the American Bar Association’s Section on Litigation asked the litigation team at Williams & Anderson to author the Arkansas portion of its Survey of State Class Action Law 2009. According to the ABA, this survey is a tool for both in-house and outside counsel who confront the prospect of litigating class actions in state forums with which they may have little or no experience, and must make informed recommendations. The summaries are prepared by a team of litigators from every state and address changes in rules and statutes as well as significant case law. Members of the ABA can access the document here.
Williams & Anderson Welcomes New Attorneys
Williams & Anderson welcomes two new attorneys to the firm. Jamie K. Fugitt and W. Taylor Marshall join the firm as associates.
Jamie K. Fugitt is a 2009 graduate of Harvard Law School and 2006 graduate of the University of Arkansas. While in law school he was an intern for the United States Attorney's Office for the District of Massachusetts and served as articles editor for the Harvard Environmental Law Review.
W. Taylor Marshall is a 2009 graduate of the William H. Bowen School of Law in Little Rock, Arkansas and a 2005 graduate of Washington & Lee University. Before attending law school, he worked at Ernst & Young in Washington, D.C., in its National Tax Office.
Janet L. Pulliam Appointed to Leadership Position on ABA's Health Law Section
Partner Janet L. Pulliam has been appointed by the American Bar Association Health Law Section as the Vice Chair of the Employee Benefits & Executive Compensation Interest Group. This position will requires participation in national meetings including the Washington Healthcare Summit, Emerging Issues Program, and the American Bar Association Annual Meeting, as well as Health Law Section programming, publications and legislative initiatives.
Ms. Pulliam has thirty years of experience in the areas of health law, labor & employment law, commercial litigation, and education law. In her health law practice, she provides a range of services to health care providers, assisting them with employment issues, commercial disputes, governmental claims and civil and criminal investigations.
Two Attorneys Selected for 2010 Leadership Classes
Marie-B Miller is one of 45 business, education and political leaders that were selected from throughout the state of Arkansas to participate in Leadership Arkansas Class IV. A joint project of the Arkansas State Chamber of Commerce and Associated Industries of Arkansas, Inc., Leadership Arkansas is a program designed to educate participants about the communities and industries across the state and the challenges and opportunities Arkansas faces. This class serves as a way to identify and train emerging leaders who have a commitment and passion to impact positively Arkansas in the future.
Shelli H. Jordan has been selected to participate in Leadership Greater Little Rock's XXV class. This program of the Little Rock Regional Chamber of Commerce is designed to develop effective leaders by enhancing civic, social and professional awareness to affect positively the community. Since its inception, Leadership Greater Little Rock has graduated more than 1,100 community leaders, including an Arkansas Secretary of State, President Pro Tempore of the Arkansas Senate, a university president and two chamber chairmen.
Philip E. Kaplan Appointed to MLK Commission and to ABA's Commission on the American Jury
Philip E. Kaplan has been named by Arkansas Governor Mike Beebe as the Board Chairman of the newly constituted Martin Luther King Commission. According to the Governor’s press release, "These new members will help re-emphasize the noble tenets at the foundation of the MLK Commission," Governor Beebe said. "This Commission can once again help guide our State on issues of diversity and unity in the spirit of Dr. King's vision." Mr. Kaplan has extensive experience in civil-right s law, as well as employment law and business litigation. He also has been a long-time adjunct faculty member at the UALR William H. Bowen School of Law, where he taught trial advocacy.
Mr. Kaplan has also been named by Chief Justice Hannah as the Arkansas representative to the American Bar Association Commission on the American Jury. The Commission’s focus is to work with courts, legislatures and the bar to advance implementation of the ABA Principles on Juries and Jury Trials. They also work to educate the public, national media and the legal profession itself on the importance of jury service and jury reform.
Best Lawyers Recognizes Williams & Anderson
Williams & Anderson is proud to announce that thirteen of its attorneys have been named to the 2010 edition of Best Lawyers. Some have been recognized by Best Lawyers for more than a decade.
Judicial Nominations Committee Appointments
Janet L. Pulliam, Harold J. Evans and Benjamin D. Brenner have been appointed to the Judicial Nominations Committee of the Arkansas Bar Association by President-Elect Donna C. Pettus of Fayetteville. The appointment becomes effective during the Association’s 2009 Annual Meeting in June.
The Arkansas Bar Association is a voluntary, statewide Association with more than 5,000 attorney members. The Association and its members participate in a variety of programs and services for the legal profession and society. Among the purposes of the Association are advancing the administration of justice in Arkansas and fostering high ideals of integrity, learning and public service among its members. The Arkansas Bar Association was founded in 1898.
Manual for Arkansas Nonprofit Organizations Published
The Legal Guide for Arkansas Nonprofit and Volunteer Organizations by Bonnie J. Johnson is a manual exploring legal issues that pertain specifically to nonprofit organizations. The Guide explains how to establish a nonprofit, discusses the liability of nonprofit board members and other volunteers, and describes ways that nonprofit managers can limit and manage risk. This book was made possible by a partnership between Williams & Anderson PLC, the Department of Human Services Division of Volunteerism and the UALR William H. Bowen School of Law.
Bonnie J. Johnson is an attorney at Williams & Anderson PLC practicing in the areas of litigation, appellate, employment and nonprofit law. Before joining the Arkansas Bar, Ms. Johnson worked for twenty-five years with nonprofit organizations in Arkansas.
Green Industry Update: Recent News in Biofuels
Our Green Industry Updates discuss the topics surrounding the evolving and dynamic Green industry. All the updates include important information regarding federal and state activity involving green initiatives and industry. The latest Green Industry Update describes developments in renewable energy and technology, specifically focusing on recent developments related to biofuels. For questions concerning any of these topics, please contact Daniel Beck, Ben Brenner, or Andrew King.
Green Industry Update 5/18/2009
Green Industry Update 2/27/2009
Lawyers Recognized by Chambers USA
Williams & Anderson is pleased to announce that 14 of the Firm’s 27 attorneys have been honored with the distinction of being “Leaders in their Field” in the latest edition of Chambers USA 2009.
HEALTH CARE UPDATE:
SPECIALTY HOSPITALS
ECONOMIC CREDENTIALING DECISION
In a case watched across the country, an Arkansas Circuit Court has ruled for our physician clients that Baptist Health may not terminate their hospital staff privileges because they invested in a competing specialty hospital. The decision protects the patient-doctor relationship from the anticompetitive intent behind the hospital’s policy. Murphy, et al v., Baptist Health, Pulaski County Circuit No. CV 2004-2002 (Feb. 27, 2009).
Our clients are cardiologists practicing at Little Rock Cardiology Clinic who own an interest in the Arkansas Heart Hospital, which competes with Baptist Health. When its Economic Credentialing Policy took effect, Baptist Health immediately terminated our clients' staff privileges at Baptist Health's hospitals. Baptist Health claimed the Policy was necessary to protect patients and to protect Baptist Health's ability to provide charity care.
The Court rejected these justifications as a pretext and found that Baptist Health adopted the Economic Credentialing Policy in order to deter competition. As a not-for-profit hospital, Baptist Health has an obligation to provide charity care and to keep its medical staff open to clinically qualified physicians. The Court found the patient-doctor relationship of the utmost sanctity and entitled to “exceptional protection.” In passing and enforcing the Economic Credentialing Policy, Baptist Health knew it would disrupt this relationship and intentionally tried to force patients to choose between their physician and Baptist Health. The Court found Baptist Health committed an unconscionable act that violated the Arkansas Deceptive Trade Practices Act.
The firm's efforts were led by Janet Pulliam and Ben Brenner.
The Circuit Court's Opinion
Handling Constitutional Challenges to a Statute
Teresa Wineland, The Arkansas Lawyer, Vol 44 No 1, Winter 2009
Since the passage of the Civil Justice Reform Act, the constitutionality of many of its provisions has been challenged in state and federal courts all across Arkansas. Attorneys who have long forgotten how to spell "constitutional law" are now being confronted routinely with the need to make or defend a challenge to the constitutionality of a state statute. This Practice Tip is not intended to address substantive arguments for or against constitutionality, but to familiariz practitioners with procedural aspects of constitutional challenges.
Click here to download full article in PDF format.
The Arkansas Lawyer
Arkansas Blue Cross and Blue Shield v. Little Rock Cardiology Clinic, P.A.
The state's largest health-care insurer sued one of our health care clients in federal court in an effort to enjoin an on-going state-court lawsuit for damages under the any willing provider act. The federal district court dismissed the action based on the federal Anti-Injunction Act. On appeal, the Eighth Circuit accepted our argument there was no federal subject-matter jurisdiction and affirmed the dismissal for our client on those alternative grounds. Arkansas Blue Cross v. Little Rock Cardiology Clinic, Nos. 08-1442 & 08-1443 (8th Cir. Jan. 7, 2009).
Court of Appeals Opinion
Appellee's Joint Brief
Tort Reform Cases in the Arkansas Supreme Court
Jess Askew III, The Arkansas Lawyer, Vol. 42 No. 4/Fall 2007.
Although the adoption of tort reform legislation in Act 649 of 2003 created a storm of passionate and far-reaching arguments among lawyers and legal commentators, the subsequent course of litigation in the Arkansas Supreme Court has been marked by restraint and careful selection of cases and issues. Several Act 649 cases have reached the Court, but only one, Summerville v. Thrower, has been decided on the merits of an Act 649 issue. This article will report on the cases that have reached the Supreme Court because this is where the law of Arkansas will be made; federal courts have ruled on Act 649 issues and will continue to do so, but those decisions will only be educated predictions about what the Arkansas Supreme Court may ultimately decide on those questions.
Click here to download full article in PDF format.
The Arkansas Lawyer
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