Attorney General Tim Griffin sues pharmacy benefit managers for roles in Arkansas opioid epidemic

LITTLE ROCK – Attorney General Tim Griffin today announced he has filed a lawsuit against pharmacy benefit managers (PBMs) Optum, Inc., and Express Scripts, Inc., and their subsidiaries for their roles as a cause of the opioid epidemic in Arkansas and issued the following statement:

“Pill by pill and dollar by dollar, PBMs enabled the opioid epidemic in Arkansas. Today, we begin the process of holding them accountable for their roles in a crisis that has ravaged our state—a crisis they helped cause, contributed to, and furthered.

“The PBMs benefited financially from the opioid crisis in Arkansas by negotiating favorable deals with opioid manufacturers while at the same time forgetting the interests of Arkansans who received prescriptions. Instead of protecting consumers by leveraging data to curb excessive prescriptions, PBMs focused on the financial incentives of manufacturer rebates to drive profits at the expense of people.”

Between 2006 and 2014, Arkansas was flooded with almost 1.5 billion units of addictive opioids. By 2016, Arkansas had the second-highest opioid prescription rate in the nation, with 114.6 opioids being dispersed for every 100 Arkansans—nearly twice the national average and enough to supply every man, woman, and child in Arkansas 78 opioid doses each.

The suit, filed in Pulaski County Circuit Court, alleges that the PBM defendants:

• Fueled the opioid epidemic in Arkansas by increasing opioid utilization by placing opioids on lower tiers of their formularies, controlling what less addictive pain treatments were available to patients, and falsely representing that their formularies were designed to be cost effective and achieve favorable health outcomes but instead were designed to maximize profits;

• Operated online retail pharmacies that dispensed billions of morphine milligram equivalents of opioids while failing to follow state and federal laws on controlled substances; and,

• Were aware of the opioid epidemic in Arkansas and failed to take any action.

Griffin is asking that PBMs be held accountable for creating a public nuisance through their actions, being negligent in their actions, and unjustly enriching themselves.

To read a copy of the lawsuit, click here.

Lawsuit challenges Arkansas voter registration rules

KUAR | By Josie Lenora

A local group is suing over a rule regarding how voter registrations are done in the state.

Get Loud Arkansas created a website allowing people to register to vote online. In April, an Arkansas legislative committee moved to prevent this process from being used, saying applications now need to have a “wet signature.” This means voter applications must be filled out in person and only at certain state agencies. The rule change was approved by the Arkansas Board of Election Commissioners a week later.

GLA is suing along with plaintiffs Nickki Pastor and Trinity “Blake” Loper, both 18-year-olds whose voter registrations were rejected since they filled out their paperwork online. The suit is against the commissioner of the State Board of Elections, Secretary of State John Thurston and several county clerks. Get Loud Arkansas says the rule violates the rights of minority voters in a state with consistently low voter turnout.

Lawsuit challenges Arkansas voter registration rules

Sonny Albarado/Arkansas Advocate

Get Loud Arkansas hosted a rally outside the state Capitol on April 23, 2024 following the Arkansas Board of Election Commissioners’ decision to limit the use of electronic signatures on voter registration applications.

Arkansas Attorney General Tim Griffin files motion to reconsider erroneous order in Arkansas's lawsuit challenging unlawful ATF rule

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement after filing a motion for reconsideration in a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ new unlawful rule expanding the definition of who must become a federally licensed firearms dealer:

“On May 1, I co-led a multistate lawsuit challenging the ATF’s rule that radically expanded the definition of who must be a federally licensed firearms dealer. I filed suit against the ATF because only Congress can make laws, and Congress has never passed into law the ATF’s dramatic new expansion of firearms dealer license requirements.

“Last week, a federal district court in Little Rock ordered our case to be transferred to a federal district court in Kansas. That order dismissed Arkansas from the case on the grounds that the state would financially benefit from the ATF rule. But that’s not the case, and the Little Rock court’s order only concluded otherwise by ignoring basic tax law. That’s why we’ve asked the Kansas court to reconsider and correct the Little Rock court’s flawed order.

“Moreover, in ordering our case’s immediate transfer, the Little Rock order also violated Eighth Circuit Court of Appeals precedent requiring ‘district court clerks [to] … wait a reasonable period before transferring case files after a transfer order is entered.’ That precedent exists to ensure the Eighth Circuit can review and correct erroneous transfer orders before they become effective, yet the Little Rock order unlawfully short-circuited that process, depriving Arkansas of the opportunity to obtain reversal of the district court’s erroneous order.

“The ATF’s unlawful rule is yet another in a long line of federal overreaches by the Biden administration. This rule harms Arkansans, and Arkansas’s standing in the case should never have been in question. I look forward to continuing to defend the people of Arkansas—even if an erroneous ruling requires me to do so in Kansas.”

To read the brief in support of motion for reconsideration, click here.

For a printer-friendly version of this release, click here.

Attorney General Tim Griffin files lawsuit against Ticketmaster/Live Nation, joins U.S. Department of Justice and 29 other Attorney Generals

LITTLE ROCK – Attorney General Tim Griffin today announced that he has joined the U.S. Department of Justice and a bipartisan coalition of 29 other attorneys general in filing an antitrust lawsuit against Ticketmaster and its parent company Live Nation Entertainment, Inc., over its illegal monopoly of the live entertainment industry:

“Arkansans—whether they are concert goers, artists, or venue operators—are at the mercy of Live Nation and Ticketmaster when it comes to live entertainment. Live Nation’s monopoly dictates which artists play where, prevents venues from using other ticketing companies at the risk of losing access to artists, and milks fans with large service fees in a so-called marketplace where there is a paucity of choice. Live Nation is also in violation of Arkansas’s prohibition on monopolies and our state’s Unfair Practices Act.”

In the lawsuit, filed in the U.S. District Court for the Southern District of New York, the DOJ and coalition states allege that Live Nation has:

• Harmed fans through higher fees and limited the amount of information fans have regarding the ultimate cost to see a show. Fans’ ticketing experience—from buying a ticket to showtime—is also worse than it would be if the industry were competitive.

• Maintained its monopoly in ticketing markets by locking up venues through restrictive long-term, exclusive agreements and threats that venues will lose access to Live Nation-controlled tours and artists if they sign with a rival ticketer.

• Leveraged its extensive network of venues to force artists to select Live Nation as a promoter instead of its rivals, maintaining its promotions monopoly.

The DOJ and coalition states are asking the court to prohibit Live Nation from engaging in its anticompetitive practices; order Live Nation to divest its ownership of Ticketmaster; and order Live Nation to pay civil penalties for its violations of law.

Joining Griffin in the suit are the attorneys general from: Arizona, California, Colorado, Connecticut, the District of Columbia, Florida, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

To read the complaint, click here.

For a printer-friendly version of this release, click here.

Plaintiffs discuss ongoing lawsuit against Arkansas critical race theory ban

KUAR | By Josie Lenora

A group of teachers and students in Arkansas is suing the state over a law that was used to restrict an advanced placement African American studies course. They say the law is vague and creates a chilling effect because it tries to limit how race is talked about in classrooms.

Ruthie Walls, a history teacher at Central High School in Little Rock, is one of a handful of educators who teach AP African American Studies. Last August she was preparing for the school year, when she found out her class was canceled by the state.

“No one wants to get news like that,” she said. “I was taken off guard and I had to continue with the day.”

Plaintiffs discuss ongoing lawsuit against Arkansas critical race theory ban

Tess Vrbin/Arkansas Advocate

From left front: Gisele Davis, Chandra Williams-Davis, Ruthie Walls, Sadie Belle Reynolds and Jennifer Reynolds are five of the seven plaintiffs challenging Section 16 of the Arkansas LEARNS Act in federal court.

Four Arkansas laws regulating voting will stay in place

KUAR | By Josie Lenora

The Supreme Court of Arkansas on Thursday overturned a lower court ruling in a lawsuit challenging four new voting laws.

The League of Women Voters of Arkansas and Arkansas United brought a lawsuit against the four laws passed in 2021. Among many things, the laws make it slightly harder to vote absentee or without a state photo ID.

On March 24, 2022, a lower court granted a permanent injunction against the laws, meaning they were halted from being enforced. On Thursday, the Arkansas Supreme Court reversed that decision.

The majority opinion was written by Associate Justice Cody Hiland, a former federal prosecutor who was recently appointed to the high court by Gov. Sarah Sanders after leading the Republican Party of Arkansas.

Four Arkansas laws regulating voting will stay in place

Courts.Arkansas.Gov

Writing for the majority, Arkansas Supreme Court Associate Justice Cody Hiland said four voting laws do not violate the state Constitution.

Attorneys General Griffin and Bailey file Title IX suit on behalf of six states alongside Arkansas high school athlete

LITTLE ROCK – Attorney General Tim Griffin and Missouri Attorney General Andrew Bailey today issued the following statements after filing suit in the U.S. District Court for the Eastern District of Missouri on behalf of four other state attorneys general alongside an Arkansas high school athlete against the U.S. Department of Education over its new rule interpreting Title IX:

“The overwhelming majority of Americans see the Biden administration’s rule change for what it is: a ridiculous, nonsensical and illegal election-year move that few can comprehend or support. It’s outrageous.

“Congress enacted Title IX to protect and promote opportunities for women and girls in education and sports. For the last half century, that’s what it has done. But President Biden and his Department of Education now want to radically reinterpret Title IX and recast it as a rule about gender identity.

“The rule we’re challenging today requires schools and universities to allow men onto women and girls’ sports teams. It robs young female athletes of opportunities. It forces schools and universities to allow men into women and girls locker rooms, restrooms, and shower facilities. It compels teachers, administrators, and even fellow students to use an individual’s preferred pronouns. And it subjects anyone who disagrees with President Biden’s view of sex to investigation and possible sanction.

“That contravenes Title IX’s plain language, and it violates the Constitution. That’s why we’re challenging it, and it’s also why we’re confident the federal courts will set aside this unlawful regulation. I am proud to stand with my fellow attorneys general and one of my constituents against President Biden’s latest attempt to push forward by fiat what Congress never passed into law and to defend the laws we’ve passed in Arkansas to protect female athletes.”

Attorney General Bailey added:

“Joe Biden is once again exceeding his constitutional authority, this time to put a radical transgender ideology ahead of the safety of women and girls. As the father of a young daughter, I take this personally. The Biden Administration has threatened to hold federal funding hostage from any institution who rejects this unconstitutional and sexist rule. I’m filing suit because I will not allow federal bureaucrats to subject Missouri girls to unsafe conditions in order to push a radical transgender ideology.”

The suit, filed by the attorneys general of Arkansas, Missouri, Iowa, Nebraska, North Dakota, South Dakota, and an Arkansas high school athlete asks the court to stay the rule; grant a preliminary injunction preventing the rule’s implementation; enter a judgment that the Department of Education’s interpretation is unlawful; and vacate the rule.

The lawsuit can be read here.

Judge hears arguments in suit challenging Arkansas critical race theory ban

KUAR | By Josie Lenora

Attorneys presented oral arguments Tuesday in a case over how race can be discussed in Arkansas schools.

A group of plaintiffs made up of students, parents and educators is suing to stop a law banning so-called “critical race theory" in Arkansas. They are being represented by the Laux Law Firm. The plaintiffs are asking for a preliminary injunction to stop the law immediately before a trial can be held to better examine the merits of the legislation.

The critical race theory ban is in Section 16 of the education law known as Arkansas LEARNS. The law defines critical race theory as material that “encourages” discrimination or any teaching that one race is better than another.

Judge hears arguments in suit challenging Arkansas critical race theory ban

Michael Hibblen/Little Rock Public Radio

Arguments were made for and against a preliminary injunction over Arkansas' ban on critical race theory in schools on Tuesday.

Arkansas, Tennessee file suit over federal pregnant-worker protections rule

KUAR | By Sonny Albarado / Arkansas Advocate

The attorneys general of Arkansas and Tennessee filed a federal lawsuit Thursday seeking to halt enforcement of a new federal rule that requires employers to accommodate pregnant workers who want or need an abortion.

The rule, finalized last week by the Equal Employment Opportunity Commission, extends the 2022 Pregnant Workers Fairness Act’s definition of workplace accommodation to include abortion.

The lawtook effect in June 2023, and requires employers to accommodate “known limitations” connected with “pregnancy, childbirth, or related medical conditions.” But proposed rules that included abortion in the law’s definition of “related medical conditions” generated significant opposition.

Arkansas, Tennessee file suit over federal pregnant-worker protections rule

LM Otero/NPR

The Equal Employment Opportunity Commission is attempting to extend a law to protect pregnant to people to also protect people who want an abortion.

Federal judge schedules hearing in Arkansas LEARNS lawsuit

KUAR | By Antoinette Grajeda / Arkansas Advocate

From the Arkansas Advocate:

A federal judge on Wednesday scheduled a preliminary injunction hearing for April 30 in a case challenging the constitutionality of a portion of the LEARNS Act that bans “indoctrination” in public schools.

Little Rock Central High School parents, students and a teacher involved in an AP African American Studies pilot course that received scrutiny for potentially violating the “indoctrination” ban, filed the lawsuit in late March against Gov. Sarah Huckabee Sanders and Education Secretary Jacob Oliva.

In Wednesday’s order, U.S. District Judge Lee Rudofsky said he granted in part and denied in part the plaintiffs’ request for an “expedited briefing and consideration.” He denied part of the request because plaintiffs could have filed their complaint and preliminary injunction months ago, he wrote.

Federal judge schedules hearing in Arkansas LEARNS lawsuit

Tess Vrbin/Arkansas Advocate

From left front: Gisele Davis, Chandra Williams-Davis, Ruthie Walls, Sadie Belle Reynolds and Jennifer Reynolds are five of the seven plaintiffs challenging Section 16 of the Arkansas LEARNS Act in federal court. Mike Laux (at podium) is one of their attorneys and filed the lawsuit Monday, March 25, 2024 before hosting a news conference at Bullock Temple CME Church, across the street from Little Rock Central High, where Gisele and Sadie Belle are students in Walls’ AP African American Studies course.

Group sues over Arkansas’ critical race theory ban

KUAR | By Josie Lenora

A group is suing to overturn a part of an Arkansas education law, claiming it violates the U.S. Constitution.

The Laux Law Group, a civil rights law firm in Little Rock, wants to repeal a part of the education law known as Arkansas LEARNS, passed by the legislature last year. Section 16 of the law bans so-called “indoctrination” and “critical race theory.”

The law says critical race theory “encourages students to discriminate against someone based on the individual's color, creed, race, ethnicity, sex, age, marital status, familial status.”

Group sues over Arkansas’ critical race theory ban

Josie Lenora/Little Rock Public Radio

Plaintiffs in the lawsuit against part of the Arkansas LEARNS Act gather at a press event Monday ahead of the lawsuit being filed.

Arkansas judge will allow amended complaint in challenge to new ballot petition law

KUAR | By Hunter Field / Arkansas Advocate

From the Arkansas Advocate:

A Central Arkansas judge is allowing the group challenging Arkansas’ new ballot petition law to amend its complaint before he decides whether to grant the attorney general’s request to dismiss the lawsuit.

Pulaski County Circuit Judge Herb Wright wrote in an order this week that he had concerns about whether a sitting state senator and the League of Women Voters of Arkansas had legal standing to bring a lawsuit challenging the constitutionality of a new state law that raises the number of counties where ballot initiative groups must gather signatures from 15 to 50.

“Plaintiff League of Women Voters comes somewhat closer to chinning the bar on proving standing, as the record shows that they have been involved in voter initiatives in the past and may be in the future, including the upcoming November 2024 election,” Wright wrote. “Nonetheless, their argument regarding their standing also falls short. Plaintiffs’ counsel stated for the record that the League is currently involved in two ballot initiatives that would be affected by Act 236, but that fact is not pled in Plaintiffs’ Complaint.”

Arkansas judge will allow amended complaint in challenge to new ballot petition law

Graham Stokes/Ohio Capital Journal

A canvasser in Ohio discusses a ballot initiative to raise the vote threshold to enact new citizen-initiated constitutional amendments.

Arkansas prison board votes to name former state senator interim corrections secretary

KUAR | By Hunter Field / Arkansas Advocate

The Arkansas Board of Corrections voted Wednesday to hire a former Republican state senator as the prison system’s interim head.

The vote — which wasn’t included on the meeting’s agenda and required a suspension of the board’s rules — to make former Sen. Eddie Joe Williams of Cabot the interim secretary of the Department of Corrections came three weeks after the board fired then-Secretary Joe Profiri.

The board also approved additional inmate space at one facility, pending the hiring of more guards. And it ran into a stumbling block regarding payment of an attorney it hired to represent it in a lawsuit against the governor.

Arkansas prison board votes to name former state senator interim corrections secretary

Transparency group sues Arkansas attorney general

KUAR | By Josie Lenora

A citizen group filed suit Tuesday against Arkansas Attorney General Tim Griffin in the state Supreme Court.

Arkansas Citizens for Transparency (ACT) has spent months trying to enshrine the Freedom of Information Act in the state constitution. They hope to get a constitutional amendment put on the ballot in 2024 called the “The Arkansas Government Transparency Act.”

Getting an amendment on the ballot is a lengthy process which is rarely successful. First, Griffin must approve the amendment's title and description. Then, ACT can begin collecting the over 90,000 needed signatures from across the state to put the amendment on the ballot.

Transparency group sues Arkansas attorney general

Michael Hibblen/Little Rock Public Radio

A lawsuit against Attorney General Tim Griffin alleges that he is violating the constitution by making it too difficult to get ballot titles approved.

Second lawsuit filed against former Arkansas religious boarding school

KUAR | By Josie Lenora

Another lawsuit has been filed against a former Arkansas religious boarding school accused of allowing and fostering sexual and physical abuse.

The Lord's Ranch was a therapeutic facility in Warm Springs, near the Missouri border. The school operated from 1976 to 2016 by family members Ted and Shirley Suhl. They are named as defendants in the lawsuit along with Emmet Alden Presley, a counselor who was the Director of Social Services at The Lords Ranch.

The camp claimed to provide services to students with emotional and behavioral problems. Their website when they were operational said “The Lord's Ranch provides a therapeutic treatment plan tailored to meet the needs of each resident.” It went on to talk about the importance of the Bible in their curriculum.

Second lawsuit filed against former Arkansas religious boarding school

Romanucci & Blandin/Courtesy Photo

Owners of a defunct boarding school known as The Lord's Ranch is facing a second lawsuit.

Missouri chicken farmers sue Tyson Foods for breach of contract

by Kim Souza (ksouza@talkbusiness.net)

A group of contract growers that supplied chickens to Tyson Foods’ slaughter and processing plant in Dexter, Mo., have sued the company claiming a breach of contract following a plant closure in October.

The suit was filed Dec. 22 with the Circuit Court of Stoddard County, located in southeast Missouri.

The farmers claim Tyson executives knew as early as November 2021 that the company planned to cease operations in Dexter but withheld that information from growers who said they incurred more debt and made additional investments in their farms without knowledge that their contracts would end.

The plaintiffs seek $25,000 each and additional relief for damages relating to their loss of income resulting from the closure.

Missouri chicken farmers sue Tyson Foods for breach of contract

Arkansas judge agrees with Board of Corrections, grants preliminary injunction

KUAR | By Josie Lenora

A judge has sided with the Arkansas Board of Corrections in a lawsuit filed against Gov. Sarah Huckabee Sanders.

Pulaski County Circuit Judge Patricia James heard testimony Thursday from corrections officials about safety in state prisons. She also listened to legal debates over the constitutionality of the way the board is managed.

Last year, Gov. Sarah Huckabee Sanders signed several criminal justice-related laws. These included the “Protect Act” which required violent criminals to serve more of their sentence, and Act 185 which gives the governor more oversight over prison management.

In her ruling Thursday, James sided with the Corrections Board, blocking Act 185 and parts of the Protect Act from going into effect until the lawsuit's resolution.

Arkansas judge agrees with Board of Corrections, grants preliminary injunction

The Pulaski County Courthouse in downtown Little Rock is seen in this file photo.

Sound complaint lawsuit against Arkansas crypto mine company continues

KUAR | By Josie Lenora

Several Arkansans who live near a cryptocurrency mines are suing to stop the noise.

Crypto mines are large groups of computers designed to harvest cryptocurrency. They typically take up a full plot of land the length of a house. The noise from fans needed to keep the computers cool can be quite loud, emitting a constant high-pitched humming sound, audible from several blocks away.

Members of the Bono community of Greenbrier and Damascus are suing Newrays One LLC, one of many companies operating crypto mines in Arkansas. Residents seek punitive damages and are asking the company to stop mining in their community. The lawsuit alleges they are breaking sound laws and behaving negligently by not showing concern for their neighbors.

Sound complaint lawsuit against Arkansas crypto mine company continues

Mark Lennihan/AP

In this 2014 file photo, a man arrives for the Inside Bitcoins conference and trade show in New York.

Judge orders TRO in Corrections Board lawsuit, AG sues panel over FOIA violations

by Roby Brock (roby@talkbusiness.net)

A tension-filled week of accusations, legal wranglings and political drama between Arkansas Gov. Sarah Sanders, Attorney General Tim Griffin and the state Board of Corrections ended with more acrimony and theater on Friday (Dec. 15).

For weeks, Gov. Sanders and the board have fought over plans to expand prison beds. Sanders has asked for additional space, while the seven-member corrections oversight panel has called for more details on funding and personnel to protect the prisoner expansion requests. Because the state Constitution gives autonomy to the board, the decision-making hasn’t been a purely executive decision for the governor. It led to Secretary of Corrections Joe Profiri being suspended with pay on Thursday, while a corrections board lawsuit was filed the same day to halt a new state law that it claims undermines its authority. Read more here.

All of this boiled to a new level of political turmoil on Friday as AG Griffin filed a lawsuit against the Board of Corrections for failing to comply with the state’s Freedom of Information Act, while a Pulaski County judge issued a temporary restraining order (TRO) in favor of the board in its lawsuit.

Judge orders TRO in Corrections Board lawsuit, AG sues panel over FOIA violations

Arkansas governor appoints two conservatives to state library board amid lawsuit, content debate

KUAR | By Tess Vrbin / Arkansas Advocate

Former Arkansas state senator Jason Rapert, a Conway Republican who founded the National Association of Christian Lawmakers, is one of the newest members of the Arkansas State Library Board at a time when children’s access to library materials is a subject of statewide debate.

Gov. Sarah Huckabee Sanders announced a range of appointments to state boards Monday. Rapert replaces Joan O’Neal of Greenbrier, whose term on the library board expired last year. Sanders also appointed Shari Bales of Hot Springs to the board, replacing Donna McDonald of Charleston, whose term expired in October.

Rapert’s term will last until Oct. 18, 2029, and Bales’ term will last until a year later.

Arkansas governor appoints two conservatives to state library board amid lawsuit, content debate

Arkansas Advocate/Screenshot From Court Documents

The “social section” in Crawford County Library’s Van Buren branch