Matt Boch Comments on Sovereign Immunity in Arkansas Tax Case

This week the Arkansas Supreme Court heard oral arguments in the case, Larry Walther, Director of the Department of Finance and Administration v. Flis Enterprises Inc., and days before the arguing its case, the Department of Finance and Administration reluctantly appeared to assert sovereign immunity in a supplemental brief. Doing so could significantly limit taxpayers’ procedural rights. [More]

Matt Boch Comments on Various Tax Issues With Little Rock Media

The Arkansas Supreme Court is set to hear oral arguments this week in a case, Larry Walther Director of the Department of Finance and Administration v. Flis Enterprises Inc., involving free Whoppers.

Flis, which owns 16 Burger King franchises, argues it should pay tax on the wholesale cost of the free meals it gives its managers, while the Department of Finance argues Flis should be taxed on the retail cost. [More]

Could the Medical Marijuana Amendment Be Repealed By the General Assembly? Possible Repercussion From Board of Trustees of the University of Arkansas v. Matthew Andrews

By Randy Bynum

In its recent decision in Board of Trustees of the University of Arkansas v. Matthew Andrews, the Arkansas Supreme Court gave a literal interpretation to Article 5, § 20 of the Arkansas Constitution which states: “The State of Arkansas shall never be made defendant in any of her courts.” The result of this literal interpretation was that Matthew Andrews could not sue his state employer under the Arkansas Minimum Wage Act, overturning long-standing precedent by the Supreme Court allowing the legislature to waive sovereign immunity by statute. (For a complete analysis of the Court’s ruling see Adrienne Griffis’ commentary) [More]

Adrienne Griffis Sits Down With ABC7 to Discuss Arkansas’ Sovereign Immunity

On January 18, in Board of Trustees of the University of Arkansas v. Matthew Andrews, 2018 Ark. 12, the Arkansas Supreme Court refused to enforce a state employee’s right to be paid for overtime by holding that the employee could not sue the state, even in its capacity as his employer.

On Thursday, Of Counsel Adrienne Griffis spoke with ABC7-KATV on how the decision impacts all Arkansans. She said the Supreme Court has interpreted the constitution essentially a blanket ban on any statute that would allow a lawsuit against the state. [More]