privity requirement (Arkansas) · Go Syfert
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privity requirement in Arkansas

14 Arkansas opinions name it 2 courts 1994–2021 1 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Clark v. Ridgewaygreen
ark · 1996 · cited in 6 Arkansas opinions naming this issue, 1999–2013
2 sentences

2013See Clark v. Ridgeway, 323 Ark. 378 , 914 S.W.2d 745 (1996); Wiseman v. Batchelor, 315 Ark. 85 , 864 S.W.2d 248 (1993).

2013See Clark v. Ridgeway, 323 Ark. 378 , 914 S.W.2d 745 (1996); Wiseman v. Batchelor, 315 Ark. 85 , 864 S.W.2d 248 (1993).

36
Giles v. HARRINGTON, MILLER, NEIHOUSEgreen
ark · 2005 · cited in 1 Arkansas opinions naming this issue, 2021–2021
2 sentences

2021Privity of contract is defined as “that connection or relationship which exists between two or more contracting parties,” and our supreme court has “narrowly construed the privity requirement to require direct privity between the plaintiff and the attorney or entity to be held liable for legal malpractice.” Giles v. Harrington, Miller, Neilhouse & Krug, 362 Ark. 338, 347 , 208 S.W.3d 197, 203 (2005).

2021Privity of contract is defined as “that connection or relationship which exists between two or more contracting parties,” and our supreme court has “narrowly construed the privity requirement to require direct privity between the plaintiff and the attorney or entity to be held liable for legal malpractice.” Giles v. Harrington, Miller, Neilhouse & Krug, 362 Ark. 338, 347 , 208 S.W.3d 197, 203 (2005).

11
Almand v. Benton County, Ark.green
arwd · 1992 · cited in 1 Arkansas opinions naming this issue, 2021–2021
1 sentence

2021Additionally, while a federal bankruptcy court has held that language to include intentional torts other than fraud and misrepresentation, see Almand v. Benton Cnty., 145 B.R. 608, 617 (W.D.

11
Barcelo v. Elliottgreen
tex · 1996 · cited in 1 Arkansas opinions naming this issue, 2005–2005
1 sentence

2005This privity rule ensures that “attorneys may in all cases zealously represent their clients without the threat of suit from third parties compromising that representation.” Hedges v. Durrance, 175 Vt. 588, 589 , 834 A.2d 1 (2003) (quoting Barcelo v. Elliott, 923 S.W.2d 575, 578-79 (Tex. 1996).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Jayel Corp. v. Cochran green
ark · 2006
2 sentences

2011Jayel Corp. v. Cochran, 366 Ark. 175 , 234 S.W.3d 278 (2006) (holding that an attorney-client relationship was sufficient to satisfy the privity requirement).

2011Jayel Corp. v. Cochran, 366 Ark. 175 , 234 S.W.3d 278 (2006) (holding that an attorney-client relationship was sufficient to satisfy the privity requirement).

32010–2017
Wiseman v. Batchelor green
ark · 1993
2 sentences

2013See Clark v. Ridgeway, 323 Ark. 378 , 914 S.W.2d 745 (1996); Wiseman v. Batchelor, 315 Ark. 85 , 864 S.W.2d 248 (1993).

2013See Clark v. Ridgeway, 323 Ark. 378 , 914 S.W.2d 745 (1996); Wiseman v. Batchelor, 315 Ark. 85 , 864 S.W.2d 248 (1993).

31999–2013
McDonald v. Pettus green
ark · 1999
2 sentences

2013Our conclusion with respect to privity does not end our analysis, “because the lawyer-immunity statute contains two exceptions to the privity requirement,” and [n]o privity is required for “ ‘[a]cts, omissions, decisions, or conduct that constitutes fraud or intentional misrepresentations.’ ” McDonald, 337 Ark. at 274 , 988 S.W.2d at 14 .

2013Our conclusion with respect to privity does not end our analysis, “because the lawyer-immunity statute contains two exceptions to the privity requirement,” and [n]o privity is required for “ ‘[a]cts, omissions, decisions, or conduct that constitutes fraud or intentional misrepresentations.’ ” McDonald, 337 Ark. at 274 , 988 S.W.2d at 14 .

22003–2013
Jackson v. Ivory green
ark · 2003
2 sentences

2009Jackson, 353 Ark. 847 , 120 S.W.3d 587 .

2009Jackson, 353 Ark. 847 , 120 S.W.3d 587 .

12009–2009
Russell v. Nekoosa Papers, Inc. green
ark · 1977
2 sentences

2006In Russell v. Nekoosa Papers, Inc., 261 Ark. 79 -B, 547 S.W.2d 409 (1977), two men were killed in a car accident involving two employees of Nekoosa Papers, Inc. The administrators for the deceaseds brought a negligence action against the employees, resulting in a settlement agreement between the parties.

2006In Russell v. Nekoosa Papers, Inc., 261 Ark. 79 -B, 547 S.W.2d 409 (1977), two men were killed in a car accident involving two employees of Nekoosa Papers, Inc. The administrators for the deceaseds brought a negligence action against the employees, resulting in a settlement agreement between the parties.

12006–2006
Barnett v. Isabell green
ark · 1984
2 sentences

2006Similarly, in Barnett v. Isabell, 282 Ark. 88 , 666 S.W.2d 393 (1984), the plaintiff, Barnett, brought an action against Isabell, a motorist who had negligently caused an accident.

2006Similarly, in Barnett v. Isabell, 282 Ark. 88 , 666 S.W.2d 393 (1984), the plaintiff, Barnett, brought an action against Isabell, a motorist who had negligently caused an accident.

12006–2006
Hedges v. Durrance green
vt · 2003
2 sentences

2005This privity rule ensures that “attorneys may in all cases zealously represent their clients without the threat of suit from third parties compromising that representation.” Hedges v. Durrance, 175 Vt. 588, 589 , 834 A.2d 1 (2003) (quoting Barcelo v. Elliott, 923 S.W.2d 575, 578-79 (Tex. 1996).

2005This privity rule ensures that “attorneys may in all cases zealously represent their clients without the threat of suit from third parties compromising that representation.” Hedges v. Durrance, 175 Vt. 588, 589 , 834 A.2d 1 (2003) (quoting Barcelo v. Elliott, 923 S.W.2d 575, 578-79 (Tex. 1996).

12005–2005
Swink v. Ernst & Young green
ark · 1995
2 sentences

2003The appellees state that “there is nothing ‘subjective’ in the requirements of § 16-22-310 - the statute requires a writing identifying the third-party, not just by name, but also as ‘a person who was intended to rely on the [attorney’s] services.’ Swink, 322 Ark. at 422 .” In Swink, the court interpreted the accountant-immunity statute, which is analogous to the attorney-immunity statute.

2003Nor did Swink, Jr., allege in his complaint that Ernst & Young sent him a copy of a statement announcing such intent.” Swink, 322 Ark. at 422 .

12003–2003
Lawhon Farm Services v. Brown green
ark · 1998
2 sentences

1999Lawhon Farm Servs. v. Brown, 335 Ark. 272 , 984 S.W.2d 1 (1998); Vanderpool v. Fidelity & Cas.

1999Lawhon Farm Servs. v. Brown, 335 Ark. 272 , 984 S.W.2d 1 (1998); Vanderpool v. Fidelity & Cas.

11999–1999
Lawhon Farm Services v. Brown green
ark · 1998
2 sentences

1999Lawhon Farm Servs. v. Brown, 335 Ark. 272 , 984 S.W.2d 1 (1998); Vanderpool v. Fidelity & Cas.

1999Lawhon Farm Servs. v. Brown, 335 Ark. 272 , 984 S.W.2d 1 (1998); Vanderpool v. Fidelity & Cas.

11999–1999
Chapman Chemical Co. v. Taylor green
ark · 1949
2 sentences

1994In Chapman Chemical Co. v. Taylor, 215 Ark. 630 , 222 S.W.2d 820 (1949), we unequivocally repudiated the privity doctrine in tort cases.

1994In Chapman Chemical Co. v. Taylor, 215 Ark. 630 , 222 S.W.2d 820 (1949), we unequivocally repudiated the privity doctrine in tort cases.

11994–1994

Statutes the citing opinions construe

AR § Ark. Code Ann. § 16-22-310 (9)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 60 (1926–2024) IL 53 (1962–2026) CA 52 (1958–2026) FL 38 (1958–2021) IN 33 (1980–2026) TX 32 (1965–2023) GA 28 (1939–2019) PA 26 (1960–2023) OH 24 (1988–2022) NC 23 (1916–2026) VA 23 (1979–2016) MI 22 (1969–2026) WA 21 (1955–2015) IA 20 (1973–2021) NJ 20 (1971–2025) MD 19 (1984–2024) CT 18 (1960–2025) RI 14 (1965–2010) AR 14 (1994–2021) MO 13 (1952–2024) AZ 12 (1969–2017) VT 12 (1984–2024) NH 10 (1982–2020) DE 9 (1970–2018) MN 9 (1991–2018) SC 9 (2000–2019) MS 9 (1987–2014) DC 8 (1989–2022) WV 7 (1964–2010) ME 7 (1928–2020) ID 7 (1985–2018) CO 7 (1972–2020) UT 6 (1989–2008) AK 6 (1970–2021) NV 6 (2009–2020) KS 6 (1967–2022) SD 6 (1936–2022) WI 5 (1973–2019) KY 5 (1962–2026) MA 5 (1977–2007) WY 5 (1980–2004) LA 5 (1958–1992) OR 4 (1976–1999) MT 4 (1984–2010) AL 4 (1924–2024) ND 4 (1965–2020) NM 3 (1972–2004) OK 3 (1974–2025) TN 2 (1969–2026) HI 2 (1997–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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