121970P.pdf   03/26/2013  Universal Cooperatives, Inc.  v.  AAC Flying Service, Inc.
   U.S. Court of Appeals Case No:  12-1970
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and
   Wollman, Circuit Judge]
   Civil case. In an action brought to recover attorneys' fees from third-
   party crop-dusters following Universal's successful defense of an action
   by farmers seeking damages arising for off-target aerial application of an
   herbicide it had manufactured, the district court did not err in dismissing
   the action for failure to state a claim; with respect to Universal's
   negligence claim, the defendant crop-dusters did not owe any duty to
   Universal; further, their alleged conduct failed to fit within the scope of
   unconscionable trade practices; finally, the Arkansas Supreme Court
   recently rejected any cause of action against a third-party for attorneys'
   fees incurred in earlier litigation against another party and, in this case,
   there is no duty running from the third party to plaintiff which would
   support such a cause of action, and the district court did not err in
   dismissing Universal's claims based on the third-party-litigation
   exception to the American Rule and Restatement (Second) of Torts
   section 914(2).