The late 8th Circuit Judge Richard S. Arnold is justifiably viewed as one of the best appellate judges ever to emerge from Arkansas (or anywhere else, for that matter), and now the Supreme Court of Arkansas has found a fitting way to honor one of the appellate principles that Arnold held most dear.
On May 25, Arkansas’ highest court announced a proposed change to that state’s appellate court rules that would retroactively abolish non-precedential appellate court rulings. Under this change, all non-precedential rulings issued by Arkansas state appellate courts would be transformed into precedent on which litigants and the state courts of Arkansas can rely.
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