Supreme Court of Arkansas

Nancy Lee Wilson and Paula Jean Casey

October 13, 20162016 Ark. LEXIS 282

Summary

The court granted an original-action petition challenging the ballot title for a proposed constitutional amendment concerning medical-injury contingency fees and non-economic damages. It held that the title was insufficient because it used the technical term “non-economic damages” without defining it, leaving voters unable to understand the measure’s effect and vote intelligently. Justice Wood, concurring, would have addressed all asserted defects, and Chief Justice Brill, concurring, likewise would have addressed additional challenges to provide guidance for future ballot titles.