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Arkansas Supreme Court Confirms Class Action Certification


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11/1/2022
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The Arkansas Supreme Court affirmed a class certification and in doing so reaffirmed the elements necessary to certify a class in Arkansas. The Court stated:

“Arkansas Rule of Civil Procedure 23 imposes six prerequisites for certification of a class-action complaint: (1) numerosity; (2) commonality; (3) typicality; (4) adequacy; (5) predominance; and (6) superiority. Koppers, Inc. v. Trotter, 2020 Ark. 354, at 3. Besides the requirements of Rule 23, the class definition must be “sufficiently definite” for a court to determine who falls inside the class; put another way,  “the identity of the class members must be ascertainable by reference to objective criteria.” Teris, L.L.C. v. Golliher, 371 Ark. 369, 373, 266 S.W.3d 730, 733 (2007) (cleaned up). Circuit courts have broad discretion over class certification, and we will not reverse a circuit court’s decision to grant or deny class certification absent an abuse of discretion. Gen. Motors Corp. v. Bryant, 374 Ark. 38, 45, 285 S.W.3d 634, 640 (2008).

The court then conducted an analysis of each element demonstrating the proof provided that supported each one.

Read the Shelter Mutual case by clicking here.



Category: General


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