Kirk Johnson
Kirk D. Johnson was a judge for the Eighth Circuit South, in Arkansas. He served in this capacity beginning in 2003 and was re-elected with no opposition in both 2008 and 2014. His most recent term began on January 1, 2015.[1][2][3] Johnson retired from the court at the end of his term on December 31, 2020.[4]
Education
Johnson received his undergraduate degree and J.D. from the University of Arkansas at Fayetteville in 1971 and 1974, respectively.[5]
Career
- 2003-2020: Judge, Eighth Circuit South
- 1991-2002: Judge, Miller County District Court
- 1983-1986: Prosecuting attorney, Eighth Judicial District
- 1977-1982: Deputy prosecuting attorney, Miller County[6][5]
Awards and associations
- Vice chairman, Judicial Discipline and Disability Commission
- Member, Judicial Discipline and Disability Commission
- Committee for the revision of the Arkansas Model Criminal Jury Instructions
- Arkansas Crime Laboratory Board
- Board of directors, District Judges Association
- First vice president, District Judges Association.
- Secretary, District Judges Association
- Treasurer, District Judges Association
- Chairman, Alternate Dispute Resolution Committee for the Arkansas Judicial Council[5]
Elections
2014
See also: Arkansas judicial elections, 2014
Johnson ran for re-election to the Eighth Circuit South.
General: He won without opposition in the general election on May 20, 2014.
[1][3]
Noteworthy rulings
History-making class action lawsuit
Johnson has presided over one of the largest class-action lawsuits in the history of American law. The case, known as "Colossus," revolves around a $300 million claim made against a conglomeration of insurance providers--581 were named in the original suit.
The original lawsuit, filed Sept. 8, 2004, alleges claims of civil conspiracy, unjust enrichment, fraud, and constructive fraud by accusing the insurance companies of not disclosing or paying to the insureds the general contractors' overhead and profit, whenever the repair of an insured's loss required the services of at least three trades.
Although previous damage claims were paid by the insurance companies, the plaintiffs argue they are entitled to the additional general contractors' overhead and profit, the paid-for- benefit is 20 percent of the estimated job or construction cost.[7]
Allegedly, this group of insurance providers teamed together with three software companies, plotting how to rig the software to undervalue claims. The software in question is named "Colossus". With so many businesses involved, the plaintiff has claimed conspiracy to commit fraud. Tort reform experts believe the case epitomizes why the Class Action Fairness Act of 2005 was needed. Ironically--or perhaps strategically-- the case was filed one day before the Act became law.[8]
In April, 2008, State Farmers Insurance filed a motion asking Judge Johnson to recuse himself from the case; shortly after, Foremost Insurance and Farmers Insurance Companies joined the motion. Apparently, Johnson himself had filed five homeowner property damage claims during the time the relevant time for the class action; Johnson says he never received payment for any of his inquiries and has said he would refuse any part of the settlement that he or any of his family members would be entitled to. He also does not believe the Arkansas Code of Judicial Conduct would require his recusal.
Foremost made the news earlier in the suit, as well. In October, 2007, the company challenged Judge Johnson's order that the company "produce discovery." The company claimed doing so would cost $45 million. Judge Johnson disagreed, saying that most of the research could be provided by non-lawyer clerks. "After Judge Johnson analyzed the costs of production of Foremost's claim files, he believes 90 percent of the costs are for attorneys' fees..."[9]
See also
External links
- Arkansas Secretary of State, "Candidate information: 2014 Preferential Primary Elections & Non Partisan General Election," accessed April 12, 2014
- Legal Newsline, "Colossus attorney's group already generated $73 million in fees," July 22, 2008
- Southeast Texas Record, "Class certification delayed in Colossus litigation," October 9, 2007
Footnotes
- ↑ 1.0 1.1 Arkansas Secretary of State, "Candidate information: Kirk D. Johnson," accessed April 12, 2014
- ↑ Arkansas Judiciary, "Circuit courts," accessed April 12, 2014
- ↑ 3.0 3.1 Arkansas Secretary of State, "2014 Arkansas Preferential Primary Elections and Nonpartisan Election," updated May 23, 2014
- ↑ Texarkana Gazette, "Judge Kirk Johnson honored at retirement reception Monday," accessed July 8, 2022
- ↑ 5.0 5.1 5.2 Judicial Discipline & Disability Commission, "Biographies of the Judicial Discipline & Disability Commission," accessed April 12, 2014
- ↑ ArkansasOnline, "Judicial candidate filings," March 11, 2008
- ↑ Southeast Texas Record, "Insurance companies ask Arkansas judge to remove himself from litigation," April 9, 2008
- ↑ Legal Newsline, "Low-profile judge thrust into the spotlight," July 20, 2008
- ↑ ARBusinessLitigation.com, "Foremost Insurance appeals $45 million discovery order to Arkansas Supreme Court, September 27, 2007
Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: Eastern District of Arkansas, Western District of Arkansas • U.S. Bankruptcy Court: Eastern District of Arkansas, Western District of Arkansas
State courts:
Arkansas Supreme Court • Arkansas Court of Appeals • Arkansas Circuit Courts • Arkansas District Courts • Arkansas City Courts
State resources:
Courts in Arkansas • Arkansas judicial elections • Judicial selection in Arkansas
