Justia Arkansas Supreme Court Opinion Summaries

The Supreme Court affirmed the order the circuit court certifying a class action against Defendants, holding that the circuit court did not err or abuse its discretion.Plaintiffs filed a class action complaint against Defendants, alleging, on their own behalf and on behalf of others similarly situated, that their water systems were contaminated with sewage due to Defendants' negligence. Plaintiffs moved for class certification. The circuit court certified the class as to their negligence and breach of contract claims. On appeal, Defendants argued that the circuit court erred in finding that class was ascertainable and that common issues predominated and erred in certifying the breach of contract claim. The Supreme Court affirmed, holding that the circuit court did not err in certifying the class. View "C.J. Mahan Construction Co. v. Betzner" on Justia Law

The Supreme Court affirmed the order of the circuit court granting class certification of Plaintiffs' complaint, holding that the circuit court did not abuse its discretion in certifying the class.Plaintiffs were hourly employees of Koppers, Inc. Plaintiffs filed this action against Koppers alleging that Koppers did not pay them for working overtime in violation of the Arkansas Minimum Wage Act (AMWA), Ark. Code Ann. 11-4-211(a). Plaintiffs filed a motion to certify a class. The circuit court granted the motion. Koppers appealed, arguing that its liability could not be established on a classwide basis because whether a plaintiff could recover depended on individualized facts. The Supreme Court affirmed, holding that the circuit court's findings on commonality, predominance, and superiority were not in error. View "Koppers, Inc. v. Trotter" on Justia Law

The Supreme Court affirmed the order of the circuit court certifying two classes pursuant to Ark. R. Civ. P. 23, holding that the circuit court did not abuse its discretion in finding that the classes met the requirements for class-action certification and that the case was not subject to dismissal for lack of jurisdiction.Plaintiff obtained Municipal Health Benefit Fund (MHBF) health-benefit coverage for himself and his family through his employment. When Plaintiff's daughter was injured in a car accident, MHBF denied payment for portions of the bills incurred by the daughter based on its interpretation of two exclusionary terms in its policy booklet. Plaintiff filed a class-action complaint arguing, inter alia, that the two exclusionary terms were unenforceable against the classes. The circuit court granted Plaintiff's motion to certify two classes pursuant to the three causes of action asserted in the complaint. The Supreme Court affirmed, holding (1) the circuit court properly granted class certification; and (2) the circuit court had jurisdiction over the class action. View "Municipal Health Benefit Fund v. Hendrix" on Justia Law

The Supreme Court reversed the order of the circuit court denying the City of Fort Smith's motion to compel class notice on Plaintiff's claims alleging illegal exaction and unjust enrichment against on the ground that the City waived notice by moving for summary judgment prior to class certification and notice, holding that the circuit court erroneously interpreted National Enterprises, Inc. v. Kessler, 213 S.W.3d 597 (Ark. 2005).Plaintiff alleged that the City misused public funds from the City's curbside residential recycling program. Twelve days after her complaint was filed Plaintiff moved for class certification. The City responded to the class certification motion and, separately, moved for summary judgment. The circuit court then certified the same class for both claims and, three months later, denied the City's motion for summary judgment. The City later filed its motion to compel class notice. The circuit court held that, under Kessler, the timing of the City's motion for summary judgment waived notice even though the motion was ultimately successful. The Supreme Court reversed, holding that the circuit court's decision was premised on an erroneous interpretation of the Supreme Court's decision in Kessler. View "City of Fort Smith v. Merriott" on Justia Law

On interlocutory appeal, the Supreme Court remanded this matter involving the circuit court's grant of Plaintiff's motion for class certification and denying, in part, Defendant's objections and motion for protective order, holding that the circuit court's order granting class certification failed to comply with the mandatory requirements contained in Ark. R. Civ. P. 23(b).The Supreme Court remanded the matter without addressing the merits of the class certification and, further, did not address Defendant's claim regarding the protective order. Specifically, the Court held (1) the circuit court's order did not comply with Rule 23(b)'s requirements to define the "class claims, issues or defenses"; and (2) because the order granting class certification failed to comply with Rule 23(b), the order was not a final, appealable order. The Court then remanded the matter with instructions to enter an order that complied with Rule 23. View "Agents Mutual Insurance Co. v. Benham" on Justia Law

The Supreme Court affirmed the order of the circuit court granting a motion for attorneys' fees filed by Plaintiff, individually and on behalf of others similarly situated, holding that the circuit court did not abuse its discretion in granting Plaintiff's motion for attorneys' fees to Plaintiff as the class representative.Plaintiff filed an illegal exaction lawsuit seeking to recover fees that City of Little Rock illegally imposed on traffic court defendants in Little Rock District Court over a certain period of years. Plaintiff moved for class certification of her claims under the Arkansas Civil Rights Act (ACRA), Ark. Code Ann. 16-123-101 to -108. The circuit court dismissed the illegal exaction claim and granted a motion to certify a class of defendants who had paid traffic court installment fees at least thirty days early. The circuit court ultimately found that the City violated ACRA in charging excessive installment fees in traffic court. Plaintiff then filed a motion seeking attorneys' fees in the amount of $225,000 and an enhancement of $10,000. The circuit court granted the motion. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in awarding the attorneys' fees. View "City of Little Rock v. Nelson" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing Appellant's complaint and class action allegations against FanDuel, Inc., holding that Appellant's complaint was devoid of facts upon which he may be entitled to relief.Plaintiff filed this class action lawsuit alleging that FanDuel ran illegal advertising. Plaintiff alleged violations of the Arkansas Deceptive Trade Practices Act (ADTPA) and unjust enrichment on behalf of himself and the putative class. The circuit court dismissed both Plaintiff's complaint and the class allegations, concluding that the complaint failed to allege an actual loss and that the class allegations could no longer be maintained under the amended ADTPA. The Supreme Court affirmed, holding that Plaintiff's action was not cognizable under the ADTPA and that his unjust enrichment claim failed because Plaintiff did not actually allege that FanDuel was unjustly enriched. View "Parnell v. Fanduel, Inc." on Justia Law

The Supreme Court dismissed this appeal challenging the circuit court's order denying Appellants' motion for summary judgment and granting summary judgment for Appellees, holding that the circuit court's order was not a final order.Appellees filed a class-action complaint against Appellants, online travel companies (OTCs), alleging that the OTCs had failed to collect or collected and failed to remit the full amount of gross-receipts taxes imposed by government entities on hotel accommodations. The circuit court granted partial summary judgment for Appellees on the issue of liability. Appellants appealed. The Supreme Court dismissed the appeal, holding that where the circuit court stated that its order was preliminary and that it was retaining jurisdiction to determine the appropriate relief, and where the court did not enter an Ark. R. Civ. P. 54(b) certification, the order was not final. View "Hotels.com, L.P. v. Pine Bluff Advertising" on Justia Law

The Supreme Court affirmed the order of the circuit court granting class certification for nursing employer at a health and rehabilitation facility and the circuit court's rulings on Appellants' motions and objections, holding that Appellees met their burden to prove the class certification requirements and that the circuit court's class certification order was sufficient.Appellees, nursing employees at a health and rehabilitation facility, filed a putative class action alleging that the facility violated the minimum wage and overtime provisions of the Arkansas Minimum Wage Act (AMWA), Ark. Code Ann. 11-4-210(a) - 211(a). Appellees then filed a motion for class certification. The circuit court granted class certification. The Supreme Court affirmed, holding that the circuit court properly determined that the requirements of Ark. R. Civ. P. 23 were satisfied and, in its class certification order, defined the class and sufficiently set forth the claims and defenses. View "Infinity Healthcare Management of Arkansas, LLC v. Boyd" on Justia Law

The Supreme Court affirmed the order of the circuit court certifying a class pursuant to Ark. R. Civ. P. 23, holding that the circuit court properly granted the class certification filed by Appellees.Appellees, employees of Appellant, filed their class-action complaint alleging breach of contract and unjust enrichment based on Appellant's failure to compensate them for earned but unused vacation time. The circuit court entered an amended order granting class certification. The Supreme Court affirmed, holding (1) Appellees met their burden of proof as to the commonality requirement; (2) Appellees met their burden of proof as to the predominance requirement; and (3) a class action was a superior means of resolving the contractual dispute at the heart of this case. View "Industrial Welding Supplies of Hattiesburg, LLC v. Pinson" on Justia Law