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The New Eviction Moratorium Issued by the Biden Administration: Where Does It Leave Landlords and Property Owners Moving Forward?
Category: Coronavirus (COVID-19), Litigation
On August 3, 2021, the Centers for Disease and Control issued an Order that temporarily halts evictions on the basis of failure to pay rent and is in effect through October 3, 2021. At its core, the Order was promulgated to protect public health by preventing evicted individuals from potentially…
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Act 1052: An Update to Landlord-Tenant Law in Arkansas
Category: Legislative Updates, Litigation
The Arkansas Generally Assembly recently passed legislation affecting rights and duties of landlords and tenants in Arkansas. While Arkansas has been historically pro-landlord—and predominantly remains so—Act 1052 at least swings the pendulum. Most notably, Act 1052 sets forth implied habitability…
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Supreme Court Protects Off-Campus Speech of Public School Student
Category: Appellate Law, Education, Litigation
The U.S. Supreme Court ruled on June 23, 2021 that a public high school student’s off-campus social media postings in which she used vulgar language and disparaged school programs constituted protected speech under the First Amendment. This decision signals the Court’s willingness to protect…
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NCAA Student-Athletes May Receive Increased Education-Related Compensation under New Supreme Court Ruling
Category: Education, Litigation
On June 21, 2021, the U.S. Supreme Court issued a highly anticipated opinion holding unanimously that the National Collegiate Athletic Association (the “NCAA”) may not withhold modest payments to student athletes related to education expenses. This holding, though narrowly tailored to the…
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Taking Control of a Dispute by Filing a Declaratory Judgment and Setting the Stage for a Successful Appeal
Category: Appellate Law, Coronavirus (COVID-19), Eighth Circuit Appellate , Litigation
For companies involved in an active dispute, filing a declaratory judgment often offers a way to take control of the situation. This strategy comes with significant advantages that not only help pave the way for successful litigation, but also have significant impacts for how an appellate attorney…
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