Opinion

The Ballard Grp. Inc. v. BP Lubricants USA Inc.

  • 436 S.W.3d 445
  • 2014 Ark. 276
  • 2014 Ark. LEXIS 376
  • 2014 WL 2814957
Court
Supreme Court of Arkansas
Filed
Jun 19, 2014
Status
Published
Author
Hannah
On the bench
Donald L. Corbin
Cited by
45 cases
Authority
More cited than 11.4%

holding that the trial court abused its discretion in dismissing the complaint under Rule 12(b)(6), where the complaint alleged specific events and conversations occurring on at least three different occasions in 2007, 2009, and 2010 to support the allegation of misappropriation of trade secrets

How later courts described this case

  • holding that the trial court abused its discretion in dismissing the complaint under Rule 12(b)(6), where the complaint alleged specific events and conversations occurring on at least three different occasions in 2007, 2009, and 2010 to support the allegation of misappropriation of trade secrets
  • holding that the trial court abused its discretion in dismissing the complaint under Rule 12(b)(6
  • reversing the dismissal of a civil conspiracy claim due to reversal of dismissal of the underlying claims of tortious interference and misappropriation of trade secrets

Written by the judges who cited it.

The opinion

JIM HANNAH, Chief Justice, dissenting.

I respectfully dissent from that portion of the majority opinion holding that Arkansas Rule of Civil Procedure 41(b) applies to two | ^dismissals under Arkansas Rule of Civil Procedure 12(b)(6). Rule 41(b) was intended to permit trial courts to clean up them dockets and get stale cases dismissed where the plaintiff fails to prosecute, fails to comply with rules, or fails to comply with any order of the court. Cory v. Mark Twain Life Ins. Corp., 286 Ark. 20, 22 , 688 S.W.2d 934, 935 (1985). Likening Arkansas Rule of Civil Procedure 8 to Arkansas Rule of Civil Procedure 4 regarding service of process, the majority concludes that “a failure to comply with the requirements of Arkansas Rule of Civil Procedure 8 for pleading facts is likewise a ‘failure of the plaintiff to comply with these rules’ as contemplated in rule 41(b)”. I disagree.

First, I do not agree that a failed attempt by a plaintiff to state “in ordinary and concise language ... facts showing ... that the pleader is entitled to relief (Arkansas Rule of Civil Procedure 8(a)) constitutes a “failure of the plaintiff to comply with these rules” under rule 41(b). Second, I do not believe that the analogy to Rule 4 is helpful because Rule 4 sets out very specific tasks to be completed for service of process, and stating a cause of action is an issue governed by Rule 12, not Rule 41. Arkansas Rule of Civil Procedure 12(j) grants the trial court the discretion to permit further pleading, which clearly means that Rule 41(b) is not applicable to dismissals under Rule 12. Nothing in this case indicates that the plaintiff was not prosecuting the case or that any rules of civil procedure subject to Rule 41 were being violated. The majority improperly and unnecessarily limits the discretion of the trial courts to handle pleading issues. On this basis, I respectfully dissent.

HART, J., joins.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.