Justia Antitrust & Trade Regulation Opinion Summaries

The Supreme Court dismissed this interlocutory appeal of a vacated class certification order and directed the circuit court to remand the case to address motions to compel arbitration, holding that this appeal was moot.Plaintiffs, who represented the estates of former residents of fourteen different nursing homes, alleged breach of contract and unjust enrichment claims against the nursing homes, in violation of the Arkansas Civil Rights act and the Arkansas Deceptive Trade Practices Act. The nursing homes moved to compel arbitration for all but two of the named plaintiffs, after which the plaintiffs moved for class certification. The circuit court granted Plaintiffs' motion for class certification without ruling on the motions to compel arbitration. The nursing homes brought an interlocutory appeal of the class-certification order and petitioned for writ of prohibition, mandamus, and certiorari. The Supreme Court granted the writ petition, vacating the order granting class certification, and ordered the circuit court to rule on the motions to compel before ruling on class certification, holding that the interlocutory appeal of the vacated class-certification order was moot. View "Reliance Health Care, Inc. v. Mitchell" on Justia Law

The Supreme Court denied a petition for a writ of certiorari or, in the alternative, a writ of prohibition, writ of mandamus or other supervisory writ, holding that the circuit court did not misinterpret the Arkansas Rules of Civil Procedure in the underlying discovery matter.Respondents filed a complaint against Monsanto Company alleging claims for design defect, failure to warn, negligence, breach of implied warranties, violation of the Arkansas Deceptive Trade Practices Act, and loss of consortium. After Respondents served Monsanto with a deposition notice Monsanto moved for a protective order arguing that the deposition was not permitted. The circuit court denied Monsanto's motion for protective order. Monsanto then brought this petition. The Supreme Court denied the petition, holding that Monsanto was seeking to control the circuit court's exercise of its discretion in this discovery matter and that mandamus will not lie for this purpose. View "Monsanto Co. v. Kilgore" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing Appellant's complaint and class action allegations against FanDuel, Inc., holding that Appellant's complaint was devoid of facts upon which he may be entitled to relief.Plaintiff filed this class action lawsuit alleging that FanDuel ran illegal advertising. Plaintiff alleged violations of the Arkansas Deceptive Trade Practices Act (ADTPA) and unjust enrichment on behalf of himself and the putative class. The circuit court dismissed both Plaintiff's complaint and the class allegations, concluding that the complaint failed to allege an actual loss and that the class allegations could no longer be maintained under the amended ADTPA. The Supreme Court affirmed, holding that Plaintiff's action was not cognizable under the ADTPA and that his unjust enrichment claim failed because Plaintiff did not actually allege that FanDuel was unjustly enriched. View "Parnell v. Fanduel, Inc." on Justia Law

The Supreme Court reversed an interlocutory order granting a permanent injunction in favor of DataScout, LLC on its claims that Apprentice Information Systems, Inc. and David Randall Lamp (collectively, AIS) were liable for violations of the Freedom of Information Act (FOIA) and the Arkansas Deceptive Trade Practices Act (ADTPA) and for tortious interference with a business expectancy. The circuit court concluded that AIS was liable to DataScout and ordered a permanent injunction against AIS. The Supreme Court reversed, holding that the circuit court’s grant of a permanent injunction was an abuse of discretion because (1) DataScout only brought an action against a private entity under FOIA and failed to sue an entity covered by FOIA; (2) DataScout failed to prove with particularity any business expectancy with whom AIS interfered; and (3) DataScout’s ADPTA claim did not provide for injunctive relief. View "Apprentice Information Systems, Inc. v. DataScout, LLC" on Justia Law

The Supreme Court reversed an interlocutory order granting a permanent injunction in favor of DataScout, LLC on its claims that Apprentice Information Systems, Inc. and David Randall Lamp (collectively, AIS) were liable for violations of the Freedom of Information Act (FOIA) and the Arkansas Deceptive Trade Practices Act (ADTPA) and for tortious interference with a business expectancy. The circuit court concluded that AIS was liable to DataScout and ordered a permanent injunction against AIS. The Supreme Court reversed, holding that the circuit court’s grant of a permanent injunction was an abuse of discretion because (1) DataScout only brought an action against a private entity under FOIA and failed to sue an entity covered by FOIA; (2) DataScout failed to prove with particularity any business expectancy with whom AIS interfered; and (3) DataScout’s ADPTA claim did not provide for injunctive relief. View "Apprentice Information Systems, Inc. v. DataScout, LLC" on Justia Law

The Supreme Court reversed the circuit court’s final judgment awarding damages to DataScout, LLC on DataScout’s claims that Apprentice Information Systems, Inc. and David Randall Lamp (collectively, Appellants) violated the Arkansas Freedom of Information Act (FOIA) and the Arkansas Deceptive Trade Practices Act (ADTPA) and tortiously interfered with DataScout’s business expectancy. The Court held (1) for the reasons set out in another appeal decided today, Apprentice Information Systems, Inc. V. DataScout, LLC, 2018 Ark. 284, the circuit court’s findings that Appellants engaged in tortious interference with a valid business expectancy and violated FOIA are reversed; (2) the circuit court erred in finding that Appellants violated the ADTPA and in awarding compensatory damages; and (3) having no basis to award compensatory damages, the circuit court erred in awarding punitive damages to DataScout. View "Apprentice Information Systems, Inc. v. DataScout, LLC" on Justia Law

At issue in these certified questions was the proper interpretation of the safe-harbor provision of the Arkansas Deceptive Trade Practices Act (ADTPA), Ark. Code Ann. 4-88-101(3). The Supreme Court exercised its discretion to reformulate the questions and answered that the ADTPA’s safe-harbor provision should be applied according to the specific-conduct rule, rather than the general-activity rule.Here, Petitioner filed suit against Respondent in federal district court, alleging, inter alia, violations of the ADTPA. Petitioner filed a motion to dismiss, alleging that it should receive the benefit of the safe-harbor provision of the ADTPA. Because the Supreme Court never expressly interpreted the safe-harbor provision of the ADPTA, the federal district court presented the Supreme Court with questions regarding the proper interpretation of the safe-harbor provision. The Supreme Court answered as set forth above, which meant that the provision precludes claims only when the actions or transactions at issue have been specifically permitted or authorized under laws administered by a state or federal regulatory body or officer. View "Air Evac EMS, Inc. v. Usable Mutual Insurance Co." on Justia Law

CACH, LLC filed a complaint against William Echols alleging that Echols breached his contract with a bank when he defaulted on his obligation to pay for charges incurred on a credit card and that, as current owner of the account, CACH was entitled to payment of the balance due on the credit card. Echols filed a class action counterclaim alleging that CACH violated the Arkansas Deceptive Trade Practices Act and the common law when it demanded payment from and filed suit against Echols and other Arkansas residents. The circuit court entered an order granting class certification. The Supreme Court affirmed, holding that the circuit court did not err in granting class certification. View "CACH, LLC v. Echols" on Justia Law