McCutchen & Sexton Law Firm - Fort Smith, Arkansas 72901

 McCutchen & Sexton Law Firm Contact Details »

1622 North B Street , Fort Smith , Arkansas 72901

(479) 783-0036






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Fort Smith, Lawyers, Injury, Death, Malpractice, Wrongful Death.

McCutchen & Sexton Law Firm is located in the Fort Smith area of Arkansas. There are at least 20 other listings in the 72901 postcode area.

Lawyers in Arkansas 72901

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Today is the first day of the special legislative session and HB1006 by Rep Bob Ballinger would wave to right to a jury trial in some contracts. It is being touted as a “Bankers Bill” but the language goes well past just baking contracts. Please contact your lawmakers today and ask them to VOTE NO on HB1006. You can see the talking points for the bill below. To find your legislators click the link and enter your home address in the search bar ADVANCE WAIVER OF A JURY TRIAL BILL This Bill is meant to make terms hidden in complex contracts waiving a right to a jury trial valid before any dispute between those who enter into the contract ever arises. It is supposed to be a reaction to an Arkansas Supreme Court case that disallowed a term in a loan agreement that was foreclosed on in which the borrower countersued the lender for fraud, Tilley v. Malvern National Bank, 2017 Ark. 343, 532 S.W.3d 570. The broad-based language in the Bill is unnecessary overkill. Here is why • A foreclosure is not a jury case. The foreclosure countersuit was all that would be tried to a jury, and that oddity brought an otherwise non-jury case before a jury. Thus, to keep foreclosure cases where they are meant to be and away from juries, all that is needed is a statute validating clauses in contracts to borrow money or lend money. • This simple sentence accomplishes that: “A written provision in a contract to borrow money or to lend money in which the parties agree waive their rights to trial by jury under Arkansas Constitution, Article 2, s 7, is valid, irrevocable, and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract.” This language keeps foreclosures outside the realm of juries. • The broad-based language of the Bill goes much further and has unintended consequences. It allows a hidden waiver in a contract to remove from a jury a case that constitutionally and historically belongs in front of a jury. Examples include: 1. A case between a farmer and a supplier in which the supplier breaches its contract with the farmer and hurts the farmer; 2. A case between a family and a nursing home in which the family member is hurt when the nursing home gives the family member the wrong medication and harms her; 3. A case between a small retail business and a large out-of-state supplier in which the supplier breaches its contract and quits delivering products for the business to sell. All of these cases are cases for which our State Constitution establishes a right to a trial by jury. The Bill would remove that right in advance before a dispute ever arises. Perhaps most bothersome, the Bill would even hold a person or entity who never signed the contract and is not a party to it to the advance waiver of a trial by jury.
3/13/2018 3:20:11 PM

The Fort Smith Board of Education will meet at 5:30 p.m. tonight/Monday 3/2/18 in the Service Center Auditorium, Building B, 3205 Jenny Lind Road, Fort Smith. The agenda is posted on the FSPS website. PLEASE EITHER ATTEND THIS IMPORTANT MEETING REGARDING THE MASSIVE SCHOOL MILLAGE INCREASE OR WATCH IT ON LIVESTREAM.
3/12/2018 7:38:11 PM
3/11/2018 2:55:36 PM

A serious and fatal reminder to NOT drive distracted.
3/7/2018 2:39:12 AM

Our law firm hosted another Distracted Driving Safety Program Pizza Party today for Euper Lane Elementary 6th grade students in Ms. Pankey's class. The party was a reward to students for obtaining the most pledges from licensed drivers to NOT drive distracted. Students freely pointed out that they have already talked to drivers they were with about distracted driving and will continue.
2/28/2018 9:03:25 PM

Are you questioning what steps are necessary to take after being involved in a car accident? Find out, here:
2/26/2018 8:46:07 PM

Happy 55th Birthday Joey McCutchen!!
2/20/2018 6:18:43 PM

We treated Ms. Morse's 6th grade class at Cavanaugh Elementary to a Distracted Driving Pledge Contest Pizza Party today. Students enjoyed pizza and juice while discussing what they have learned about Distracted Driving. Many stated that they have already talked to those they were riding with not to drive distracted. Of course, kids will be kids and one student told his dad not to drive distracted and he told him to sit back and hush.... proud of all the students who are trying to get the message out of their safety as well as others!
2/12/2018 8:26:56 PM

Distracted Driving Pizza Party!! Our staff treated Ms. Phillips' class to a pizza party for obtaining the most pledges from licensed drivers to stop driving distracted. More parties to come from Euper Lane and Cavanaugh this month. Thank you to everyone that participated.
2/9/2018 7:53:06 PM

After an accident, dealing with your injuries while worrying about medical bills can be overwhelming. We work to the best of our ability to make sure our clients receive the compensation they deserve. Contact us today at (479) 783-0036 to see how we may be able to help you in this difficult time.
2/1/2018 10:23:05 PM

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