Ark. High Court Finds Parts of State's Tort Reform Act Unconstitutional

LITTLE ROCK, Ark. -- The Arkansas Supreme Court has found portions of the state's Civil Justice Reform Act of 2003 unconstitutional, opining that some portions violate the separation of powers doctrine. Johnson, et al. v. Rockwell Automation Inc., et al., No. 08-1009 (Ark. Sup. Ct.).

In the April 30 ruling, the high court specifically examined statutes dealing with litigating against nonparties and the admittance of evidence for costs of necessary medical care, treatment or other services.

The opinion was issued in response to the U.S. District Court for Eastern District of Arkansas' certification of two questions to the high …