Information & Blog from Little Rock Attorneys Moffitt & Phillips

Arkansas Zofran Birth Defect Lawsuits

Posted on Thursday, June 25th, 2015 at 5:12 pm.

Zofran birth defect attorneys, Moffitt & Phillips, is now accepting cases in regard to women who took Zofran while pregnant and gave birth to a child with a cleft lip or palate, heart defects, kidney defects, musculoskeletal defects, or suffered fetal death. Zofran is an anti-nausea drug that was originally approved for patients undergoing surgery or cancer treatment, but has been often prescribed “off-label” (a use other than what was approved by the FDA) to treat morning sickness during pregnancy. The drug has been associated with the risk for serious birth defects when prescribed during pregnancy, especially in the first trimester.

In 2012, the United States Justice Department reached a settlement with the manufacturer of Zofran, GlaxoSmithKline, after the drug-maker was accused of promoting it and other prescription drugs for off-label uses. In the settlement, GlaxoSmithKline agreed to plead guilty and to pay a $3 billion fine to resolve its criminal and civil liability arising from the company’s unlawful promotion of certain prescription drugs, its failure to report certain safety data, and its civil liability for alleged false price reporting practices. Further, court documents allege that GlaxoSmithKline paid doctors kickbacks to prescribe Zofran for morning sickness and disseminated false information about the drug’s safety and effectiveness. Although there was a civil settlement with the U.S. government, individuals harmed from the off-label use of the drug were not compensated.

If you were prescribed Zofran during pregnancy and gave birth to a child with birth defects or suffered fetal death, you may be entitled to financial compensation. Our Zofran birth defect attorneys will protect your rights and work to obtain the compensation you deserve for the harm caused by Zofran manufacturer, GlaxoSmithKline.

At Moffitt & Phillips, you are not responsible for any legal fees or case expenses unless our Zofran birth defect lawyers obtain a recovery regarding your claim. For a no obligation case evaluation regarding your potential Zofran claim, please call our office today at 501.255.7406.

Moffitt Joins National College for DUI Defense

Posted on Thursday, February 5th, 2015 at 4:39 pm.

Written by Brandon Moffitt

Brandon Moffitt, an Arkansas DUI attorney, has been invited to join the prestigious National College for DUI Defense (“NCDD”). The NCDD is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about DUI Defense Law as a specialty area of law practice. Members of the National College represent the most experienced DUI defense attorneys in the country. The NCDD is headquartered in Montgomery, Alabama.

To learn more about the National College for DUI Defense, you can visit their website at www.ncdd.com.

Been in a Car Wreck? Tips from an Arkansas Car Accident Attorney

Posted on Friday, September 19th, 2014 at 6:52 pm.

Written by Brandon Moffitt

It is likely every person reading this post will be involved in a car accident in his or her lifetime and most likely need an Arkansas Car Accident Attorney. As Arkansans drive millions of miles each year and the number of personal and commercial vehicles on Arkansas roadways increase, it is not surprising that a large number of car accidents occur in Arkansas every day. Based on the latest data available from the Arkansas State Police Car Accident Crash Summary, there are more than 59,000 car accidents every year in Arkansas. Further, over 550 deaths result each year from the car accidents on Arkansas roadways. If you happen to be involved in an car accident, it is important for you to consider hiring an Arkansas car accident attorney and to help you with the proper steps to protect your claim.

One of the first things to do if you have been injured in a car accident is to seek medical attention for your injuries as quickly as possible. No one wakes up in the morning seeking to be injured in a car accident. Often individuals do not go to the doctor after sustaining injuries in an car accident and instead try to “self-treat” so they do not incur medical bills. If you do not see a physician early on, it could impair your ability to recover damages from the individual that caused the car accident later in a lawsuit. Also, most individuals in Arkansas have coverage under their own auto insurance policy to pay the first $5000.00 of your medical bills regardless of fault. So, if you are injured, go see your doctor.

Next, it would be beneficial if you or someone you know could take photographs of the accident scene and the damage to all cars involved. The majority of people have a smartphone with a camera and any photographs you can provide will be useful in your Arkansas car accident case. These photographs can resolve any disputes about location of the vehicles and any property damage incurred in the auto accident. It is also a good idea to get your auto repair shop to take detailed photographs of your vehicle as they disassemble your vehicle and make any necessary repairs.

Finally, if you have been injured in a wreck it is wise contact an Arkansas car accident attorney. This is especially true if you have sustained serious physical injuries in the car accident. It is vital that you begin to preserve all of the necessary evidence and document all damages you have incurred as soon as possible to help you prove your case. An Arkansas injury attorney can help you take the steps to properly preserve your claim. Documenting your claim properly will help to recover your medical expenses, lost wages, and all other damages incurred in you Arkansas car accident claim.

Car Accident attorneys Moffitt & Phillips will work with you to make sure the insurance company pays all past, present, and future medical expenses, lost wages, and pain and suffering damages resulting from the auto accident. If you or a loved one has suffered an injury from an automobile accident, call Moffitt & Phillips to speak with an injury attorney who is experienced in handling auto accident lawsuits. To schedule a free, no obligation consultation regarding your car accident case, email info@moffittandphillips.com or call 501-255-7406 today.

Arkansas Legislature Approves DWI Expungement

Posted on Monday, February 4th, 2013 at 3:29 pm.

Written by Brandon Moffitt

In March, the Arkansas Legislature passed Act 626 which allows for misdemeanor DWI and DUI convictions to be expunged. Arkansas has previously not allowed for expungement of a misdemeanor DWI or DUI offense. The new law will allow for DWI expungement after five (5) years has elapsed since the completion of the DWI sentence.

Additionally, the new law allows for expungement of the following Arkansas criminal misdemeanor convictions after a period of five (5) years has elapsed since the completion of the imposed criminal sentence:

Negligent Homicide;
Battery – 3rd Degree;
Indecent Exposure;
Public Sexual Indecency;
Sexual Assault – 4th Degree; and
Domestic Battery – 3rd Degree

Although the new law allows for the expungement of Arkansas DWI / DUI offenses, the legislation does not provide for an absolute right to expungement. However, the standard is very high for the Arkansas Traffic Court not to grant an expungement for DWI. The language in the statute requires the Arkansas DWI Judge to grant the expungement unless he or she finds that there is “clear and convincing evidence” that the DWI misdemeanor should not be expunged.

The link of the new law can be found here:http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act626.pdf

So how does getting a DWI / DUI conviction expunged help you? According to Ark. Code Ann. § 16-90-902, the effect of a DWI expungement is:

(a) An individual whose record has been expunged in accordance with the procedures established by this subchapter shall have all privileges and rights restored and shall be completely exonerated, and the record which has been expunged shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law.

(b) Upon the entry of the uniform order to seal records of an individual, the individual’s underlying conduct shall be deemed as a matter of law never to have occurred, and the individual may state that no such conduct ever occurred and that no such records exist.

DISCLAIMER: ANY INFORMATION CONTAINED WITHIN THIS ARTICLE IS FOR GENERAL INFORMATION ONLY. THE CONTENT OF THIS ARTICLE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE PUBLISHING OF THIS ARTICLE DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN ANY INDIVIDUAL AND MOFFITT & PHILLIPS, PLLC. ANY INDIVIDUAL REVIEWING THE CONTENT OF THIS ARTICLE SHOULD SEEK THE SERVICES OF A QUALIFIED DWI EXPUNGEMENT ATTORNEY TO EVALUATE ANY ARKANSAS DUI EXPUNGEMENT MATTER, ARKANSAS EXPUNGEMENT MATTER, ARKANSAS CRIMINAL EXPUNGEMENT MATTER, OR ANY OTHER LEGAL MATTER. MOFFITT & PHILLIPS, PLLC IS LOCATED IN LITTLE ROCK, ARKANSAS AND HAS ATTORNEYS LICENSED TO PRACTICE IN THE STATES OF ARKANSAS AND TENNESSEE. MOFFITT & PHILLIPS, PLLC © 2011

Arkansas Condemnation Case Nets Local business additional $43,800.00

Posted on Tuesday, July 10th, 2012 at 3:36 pm.

Written by Brandon Moffitt

On July 10, 2012, Thompson Industries, Inc. entered into a consent judgment with the Arkansas State Highway Commission resolving an Arkansas condemnation case involving 1.95 acres of land and a permanent easement of .34 acres in Pope County, Arkansas. The Arkansas State Highway Commission had initially offered $9,200 for the property, but ultimately settled the matter for an additional $43,800.

The primary issue in the Arkansas condemnation case was the classification of the property’s “highest and best” use. The Highway Commission had classified the property as “recreational” use in an appraisal of the subject property, The landowners obtained an independent appraisal classifying the property as having a “commercial” highest and best use. The commercial use designation was supported by a site plan and evaluation conducted by a local civil engineer working on behalf of the landowners. Ultimately, the parties were able to resolve the matter for a total amount of more than five times the initial offer.

This case is a great example of how one decision by an appraiser for the Arkansas State Highway Commission can substantially impact the amount of just compensation initially offered to landowners in Arkansas condemnation cases. It also exemplifies the reason why landowners facing eminent domain or condemnation cases need to consult with experienced professionals (e.g. appraisers, engineers, and eminent domain attorneys) involved with the litigation of such matters to ensure that they receive the just compensation they deserve. The law of eminent domain in alive and well in Arkansas and landowners need to work with experienced professionals to ensure they receive the money guaranteed to them under both the United States and Arkansas constitutions.

The landowners were represented in this Arkansas condemnation case by Brandon Moffitt of Moffitt & Phillips, PLLC and Richard Peel of the Peel Law Firm in Russellville, AR. If you are facing a condemnation in Arkansas, visit our law firm’s webpage dedicated to our eminent domain practice.

Jury in Arkansas Eminent Domain case Awards $341,500 to Boone County Landowners

Posted on Monday, March 12th, 2012 at 2:12 pm.

Written by Brandon Moffitt

A Boone County jury on Wednesday awarded two landowners $341,500 for 29.87 acres taken in fee or encumbered by permanent easements in an Arkansas eminent domain case. The property had been condemned by the Ozark Mountain Regional Public Water Authority to construct a water intake and treatment facility on Bull Shoals Lake. In 2010, Ozark Mountain condemned a portion of Greg Giles’ and Karen Hughes’ 809.82 acres located in the Lead Hill area, resulting in the loss of lake access for the remaining 779.95 acres of Mr. Giles’ and Ms. Hughes’ property. Of the 29.87 acres condemned, 20.36 acres were taken by Ozark Mountain in fee to construct a 15 acre water treatment facility site and for buffer areas around the intake facility. Another 9.51 acres were encumbered by permanent easements held by Ozark Mountain to construct and use roadways, water transmission pipelines, and electrical distribution lines to service their facility.

Michael B. Phillips and Brandon Moffitt, eminent domain attorneys for the landowners, had asked the jury for $468,000 for the takings based on an appraisal by Glen Carlson of Fayetteville, Arkansas, and a conceptual development plan prepared by civil engineer Tim Sorey of Sand Creek Engineering in Bentonville, Arkansas. Ozark Mountain offered Mr. Giles and Mrs. Hughes $67,000 for acquisition of the 29.87 acres needed for construction of the project. Ozark Mountain based its valuation on an appraisal conducted by Tom Reed of Reed & Associates, Inc., in Fayetteville, Arkansas.

After three days of testimony, the three men and nine women jury deliberated for approximately an hour and a half late Wednesday afternoon before returning with their verdict in the Arkansas eminent domain case. Eleven jurors voted to pay Mr. Giles and Ms. Hughes $341,500 for their property. In a civil jury trial, only nine of twelve jurors must agree on a verdict.

Ozark Mountain Regional Public Water Authority’s intake and treatment facility project will supply water from Bull Shoals Lake to several cities, towns, and water associations in Boone, Newton, Marion, and Searcy Counties. Ozark Mountain used Arkansas eminent domain law to secure title to several parcels to construct the project.

Michael B. Phillips and Brandon Moffitt are members of Moffitt & Phillips, PLLC, a law firm based in Little Rock, representing property owners across the state in Arkansas eminent domain cases, and are dedicated to advancing the cause of private property ownership rights in Arkansas.

DISCLAIMER: ANY INFORMATION CONTAINED WITHIN THIS ARTICLE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE CONTENT OF THIS ARTICLE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE PUBLISHING OF THIS ARTICLE DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN ANY INDIVIDUAL AND MOFFITT & PHILLIPS, PLLC. ANY INDIVIDUAL REVIEWING THE CONTENT OF THIS ARTICLE SHOULD SEEK THE SERVICES OF A QUALIFIED ATTORNEY TO EVALUATE ANY ARKANSAS EMINENT DOMAIN MATTER, ARKANSAS CONDEMNATION MATTER, OR ANY OTHER LEGAL MATTER. PLEASE NOTE THAT PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. MOFFITT & PHILLIPS, PLLC IS LOCATED IN LITTLE ROCK, ARKANSAS AND HAS ATTORNEYS LICENSED TO PRACTICE IN THE STATES OF ARKANSAS AND TENNESSEE. MOFFITT & PHILLIPS, PLLC © 2012

Jury Awards $103,469 in Little Rock Eminent Domain Case

Posted on Friday, June 17th, 2011 at 2:09 pm.

Written by Brandon Moffitt

In a Little Rock Eminent Domain case, the Arkansas State Highway Commission condemned a portion of Otter Creek Auto Salvage & Sales, Inc.’s 3.21 acres along Stagecoach Rd. in Little Rock, Arkansas as part of a construction project to widen Hwy. 5 / Stagecoach Rd. from the Saline County Line to Otter Creek Road. On Friday, June 17, 2011, a Pulaski County jury unanimously awarded the local auto salvage and sales business $103,469.00 for the .28 acres and improvements condemned by the Highway Commission.

Moffitt & Phillips, Little Rock Eminent Domain attorneys for Otter Creek Auto Salvage & Sales, Inc., had asked for $113,000.00 for the taking based on an appraisal by Tom M. Ferstl of Affiliated Appraisers in Little Rock, Arkansas. The Arkansas State Highway Commission had offered Otter Creek only $53,650.00 for acquisition of the .28 acres and improvements needed for construction of the road widening project.

At issue in the case was the value of the Otter Creek property based on its commercial use. The Highway Commission’s appraiser valued the property at $2.65/sq.ft. while Mr. Ferstl valued the property at $7.28/sq.ft.. Both appraisers agreed that the Otter Creek property was commercial property with significant frontage along Stagecoach Rd. (550+ft), but the Highway Commission’s appraiser chose to use comparable sales with significantly less frontage along Stagecoach Rd.. Additionally, two of the Highway Commission’s comparable sales had residential improvements on them. Despite being told by the purchasers of these two comparable sales that they gave no consideration for the improvements, the Highway Commission’s appraiser backed the value of the residential improvements out of each property’s sales price to arrive at his $2.65/sq.ft. valuation. This case is a clear example of how an appraiser’s opinion in a Little Rock eminent domain case can significantly impact the amount of funds paid to a landowner facing a condemnation.

Moffitt & Phillips, PLLC is a Little Rock eminent domain law firm representing property owners across the state in eminent domain and condemnation cases.

Rear-End Collisions Remain Dangerous

Posted on Thursday, June 16th, 2011 at 2:17 pm.

Written by Brandon Moffitt

Early Saturday, a Jonesboro woman died after being involved in a rear-end collision Friday afternoon on Highway 63 in Craighead County, Arkansas.

According to an Arkansas State Police Accident Report, Ms. Mary Nell Mooney, 62, died early Saturday morning in Memphis, Tennessee while seeking treatment at The MED (Regional Medical Center at Memphis). The car accident report states Ms. Mooney was traveling near Bay, Arkansas and while slowing down she was struck from the rear by a car being driven by Athena Vance, also of Jonesboro, Arkansas. According to the auto accident report, Ms. Mooney was air lifted after the crash to The MED in Memphis.

Ms. Vance was also injured in the car wreck along with her passenger, Randi Mullins. Both were taken to St. Bernard’s Hospital in Jonesboro for treatment. Based on the auto crash report, all of those involved were wearing seat belts.

This story is a reminder that it is important for all drivers using the roadway to keep a lookout for others. Many car accidents are caused when a driver’s attention is diverted from the roadway by objects such as cell phones, text messages, or the radio. Do not be another car wreck statistic; keep your focus on the road while driving.

DISCLAIMER: ANY INFORMATION CONTAINED WITHIN THIS ARTICLE IS FOR GENERAL INFORMATION ONLY. THE CONTENT OF THIS ARTICLE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE PUBLISHING OF THIS ARTICLE DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN ANY INDIVIDUAL AND MOFFITT & PHILLIPS, PLLC. ANY INDIVIDUAL REVIEWING THE CONTENT OF THIS ARTICLE SHOULD SEEK THE SERVICES OF A QUALIFIED ATTORNEY TO EVALUATE ANY ARKANSAS CAR ACCIDENT MATTER, ARKANSAS CAR WRECK MATTER, ARKANSAS AUTO ACCIDENT MATTER, ARKANSAS TRUCK WRECK MATTER OR ANY OTHER LEGAL MATTER. MOFFITT & PHILLIPS, PLLC IS LOCATED IN LITTLE ROCK, ARKANSAS AND HAS ATTORNEYS LICENSED TO PRACTICE IN THE STATES OF ARKANSAS AND TENNESSEE. MOFFITT & PHILLIPS, PLLC © 2011

DWI Penalties in Arkansas

Posted on Tuesday, June 14th, 2011 at 1:30 pm.

Written by Brandon Moffitt

Are you looking for a summary of DWI penalties in Arkansas? Have you been charged with a DWI in Arkansas? If so, it is important that you hire an Arkansas DWI attorney to represent your interests in court. Moffitt & Phillips, PLLC handles DWI cases across Arkansas and can provide you the DWI representation you deserve. Below is a brief summary of Arkansas DWI penalties:

DWI Penalties for first time offenders of Arkansas DWI/DUI Laws:

Jail: You can go to jail for a period of no less than 24 hours and no more than 1 year. Often you will be able to bond out of jail in less than 24 hours and receive credit for 1 day in jail. The judge may order public service in lieu of actual jail time. If you are convicted and have a passenger in the car less than 16 years of age, you may get jail time no less than 7 days and no more than 1 year. The judge may order public service in lieu of actual jail time.

Fine: No less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000).

License Suspension: Your license will be administratively suspended for 6 months by Arkansas Driver Control. To drive during the 6 months suspension, you must obtain an Ignition Interlock device. An Ignition Interlock device is a breath-testing machine attached to your car’s ignition that prevents it from being started or driven if the device detects alcohol in the breath of the driver. If you are convicted of DWI Drugs in Arkansas, then you can receive a restricted driving permit in lieu of the Ignition Interlock device.