In a unanimous decision, the Arkansas Supreme Court rejected a plaintiff law firm’s attempt to use the Freedom of Information Act to obtain the confidential litigation files of the firm which had represented state employed physicians in a medical malpractice case. The plaintiff’s law firm  sent a FOIA request to Mariam Hopkins, demanding that she produce her litigation files prepared in the course of representing three UAMS physicians. The Court rejected the argument that the files were subject to FOIA, because the physicians’ malpractice insurance premiums had been paid with state funds. In reaching its decision, the Supreme Court confirmed that “Mariam Hopkins and Anderson, Murphy & Hopkins were private attorneys who were hired by, were paid by, and reported to the private medical-malpractice liability carrier of the doctors” and that “the doctors sued in the underlying medical-malpractice claim were sued in their personal capacity.” The Court concluded that “[t]he records requested here are simply not public records subject to disclosure under the FOIA.” Mariam Hopkins and Mark Wankum were involved in this case on behalf of the firm. The opinion can be found here.

Jason Campbell recently obtained summary judgment on behalf of a national auto insurance carrier and its insured in a negligence action filed in Pulaski County Circuit Court.

Jason Campbell and Lauren Manatt received summary judgment in a premises liability case pending in Arkansas District Court. Plaintiff, a professional concert musician, filed a negligence action against a regional fitness facility after sustaining displaced fractures of both wrists while exercising at the fitness facility under the supervision of a trainer.

Plaintiff claimed significant medical expenses, permanent impairment, and loss of income as a result of her injuries. The District Court ruled in favor of Mr. Campbell’s client, finding that the fitness facility’s liability waiver was enforceable and provided a complete defense to plaintiff’s claims.

U.S. News Media Group and Best Lawyers® have released the 2011-2012 “Best Law Firms” rankings, marking the second edition of this highly-anticipated annual analysis. The national first-tier rankings will be featured in U.S.News & World Report’s Money issue, on newsstands November 15, 2011; the national and metropolitan first-tier rankings are featured in the “Best Law Firms” standalone publication, which is being distributed to 30,000 general counsel and in digital format to 58,000 private practice lawyers worldwide; the rankings in their entirety are posted online at http://bestlawfirms.usnews.com.


These rankings, which are presented in tiers, showcase 9,633 different law firms ranked nationally in one or more of 75 major legal practice areas and in metropolitan or state rankings in one or more of 119 major legal practice areas. An important addition to this year’s rankings is the naming of one “Law Firm of the Year” in each of the 75 nationally ranked practice areas. Law firms receiving this designation had an impressive overall performance in our research and are receiving the first award of this kind by U.S.News and Best Lawyers®.


Full data for the law firms that received rankings is available online, from the largest firms in the country to hundreds of one-person and two-person law firms, providing a comprehensive view of the U.S. legal profession that is unprecedented both in the range of firms represented and in the range of qualitative and quantitative data used to develop the rankings. Achieving a high ranking is a special distinction that signals a unique combination of excellence and breadth of expertise.


“U.S News has more than two decades of experience in providing the public with the most accurate and in-depth rankings of a wide range of institutions, including our Best Law Schools rankings,” says Tim Smart, Executive Editor of U.S. News & World Report. “Law firms are an integral part of our rankings and a natural accompaniment to the law schools rankings.”


The mission of “Best Law Firms” from the start has been to help guide referring lawyers and clients – from the country’s largest companies needing corporate legal advice to individuals needing to get a divorce or write a will – issues that have a bet-the-company implication (in the case of a corporation) or a potentially life-changing result (in the case of an individual).

“Best Lawyers was very pleased with the reaction from the legal profession and from legal clients to the first edition of the “Best Law Firms” rankings,” says Steven Naifeh, President of Best Lawyers. “By combining hard data with peer reviews, and client assessments, we continue to believe that we are providing clients with the most thorough, accurate, and helpful rankings of law firms ever developed.”

Mariam Hopkins and Julie Hancock successfully defended a medical malpractice case against an Emergency Room physician in Dallas County, Arkansas. The case centered around the death of a 21 year old two days after being treated in the ER for an upper respiratory infection. The jury returned a unanimous defense verdict.

David A. Littleton recently obtained summary judgment in a medical malpractice case pending in Arkansas County, Arkansas. The Court granted summary judgment in favor of the physician after finding that plaintiff failed to submit the necessary expert proof required to support her cause of action.

David A. Littleton and Mindy D. Pipkin successfully tried a dental malpractice case from October 4 – 6, 2011 in Faulkner County, Arkansas. The case also included a claim for the tort of outrage and sought punitive damages. The jury returned unanimous defense verdicts on all claims.

Mike Vanderford and Mark Wankum successfully defended an admitted liability automobile accident case on damages before a Pulaski County jury, October 5-6, 2011. The case arose out of a motor vehicle accident on Christmas Eve 2008 as both drivers were headed home from a local church service. The plaintiff claimed to have sustained serious cervical spine injuries that necessitated a fusion surgery less than three months after the accident. Plaintiff also presented evidence that the surgery caused a tumor on her cervical spine. She received extensive treatment to remove the tumor, allegedly resulting in her permanent and total disability. Despite extensive medical testimony from two well-respected neurosurgeons on behalf of the plaintiff, the jury found that the surgical treatment was unrelated to any trauma caused by the motor vehicle accident. The jury awarded damages of only $100,000, which was significantly less than the $4,000,000 asked for by the plaintiff and significantly less than an offer of judgment filed months before trial.

Julie Hancock and David Littleton successfully represented an insurer which had denied coverage and defense in a product liability case involving a death. The United States District Court for the Eastern District of Arkansas granted summary judgment in favor of the insurer. After briefing and oral argument, the United States Court of Appeals for the Eighth Circuit affirmed the lower court in all respects. See, Slater v. Republic-Vanguard Insurance Co., U.S. Court of Appeals for the Eighth Circuit, Case No. 10-2754

Scott Provencher recently represented a pharmacy in wrongful-death lawsuit alleging a prescription was filled erroneously. After a four-day jury trial, the jury returned a verdict for the defense.