Five Arkansas attorneys have been formally reprimanded by a federal judge in the Western District of Arkansas after stipulating to dismissal “for the purposes of seeking a more favorable forum and avoiding an adverse decision” in connection with the approval of a class settlement. The court had initially considered harsher injunctive sanctions, including requiring the … Continue Reading
The Supreme Court’s decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Ins. Co., 130 S. Ct. 1431 (2010) does little to clarify the application of the Erie Doctrine. While many courts endeavor to apply and follow Erie, the classification of statutes and rules as “substantive” or “procedural” is far from uniform. In a plurality … Continue Reading