Supreme Court of Arkansas

Kyle Rhodes, Wesley Atwood, and Samantha Hudon

May 30, 2019575 S.W.3d 387

Summary

The opinion agrees that the judgment should be affirmed but disagrees with treating Act 850 as a substantive law that cannot apply to earlier transactions. It would hold that Act 850 merely clarified existing Arkansas law by codifying the functional availability doctrine, so the amendment applies to the Kroger transactions without a separate retroactivity analysis.