Johnson v. Rockwell Automation, Inc.

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Johnson v. Rockwell Automation, Inc., 2009 Ark. 141
the Arkansas Supreme Court

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In Johnson v. Rockwell Automation, Inc., 2009 Ark. 141, the Arkansas Supreme Court held unconstitutional two provisions of of the Civil Justice Reform Act of 2003, namely, the nonparty-fault provision at § 16-55-202 and the medical-costs provision at § 16-55-212(b). The court held that each of these regulated court procedure. But the supreme court is the only branch of state government allowed to prescribe rules of court procedure. Ark. Const. amend. 80, § 3. So the legislature had violated the separation of powers clause, art. 4, § 2, which says that no branch of the state government shall exercise any power belonging to another branch. The supreme court therefore struck down those two provisions of the Act.

2783539Johnson v. Rockwell Automation, Inc., 2009 Ark. 1412009the Arkansas Supreme Court

Supreme Court of Arkansas

2009 Ark. 141

JOHNSON ET AL. v. ROCKWELL AUTOMATION, INC. ET AL.

Certified Questions from U.S. District Court, Eastern District of Arkansas

No. 08-1009.---Delivered: April 30, 2009.

Court Documents
Opinion of the Court

Certified questions of law from the United States District Court for the Eastern District of Arkansas, Honorable J. Leon Holmes, Judge; certified questions answered.

[Opinion of the court by Justice PAUL E. DANIELSON.]

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