Justia Arkansas Supreme Court Opinion Summaries

Appellants, property owners and holders of oil and gas leases, filed a class-action complaint against Appellee, the circuit court clerk, alleging that Appellee and two of her deputies falsely and fraudulently notarized oil and gas leases. On remand and following a hearing, the trial court granted summary judgment in favor of Appellee, concluding that Appellants had failed to show any damages as a result of Appellee’s purportedly unlawful act in recording the leases. The Supreme Court affirmed, holding that the grant of summary judgment was not in error, as none of the evidence relied upon by Appellants created a factual question as to whether they sustained damages as a result of the actions alleged in the complaint. View "Lipsey v. Cox" on Justia Law

Plaintiffs brought suit against Defendant on their own behalf and on behalf of all similarly situated persons, alleging that Defendant charged usurious interest rates and engaged in deceptive trade practices when entering into contracts for the sale and purchase of real property with members of the proposed class. The circuit court granted Plaintiffs’ motion for class certification, concluding that Ark. R. Civ. P. 23’s requirements of numerosity, commonality, typicality, adequacy, predominance, and superiority had been fulfilled. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in finding that the elements of commonality, predominance, superiority, and typicality had been satisfied and in determining substantive issues during the class-certification stage of the proceedings. View "Lambert & Lambert Investors, Inc. v. Harris" on Justia Law

Appellees brought this suit against the City of Little Rock for just compensation for the taking of Appellees’ property in connection with a modification of the I430/I630 Interchange. After a jury trial, the circuit court entered judgment in favor of Appellees. The City filed a notice of appeal and later filed a motion for extension of time to lodge the record. The circuit court denied the motion for extension. The City subsequently filed a second motion for extension. A special judge granted an extension to lodge the record. Appellees filed an amended and substituted motion to dismiss, contending that the circuit court erred in granting the extension of time because the City did not strictly comply with the requirements of Ark. R. App. P-Civ. 5. The Supreme Court granted the motion and dismissed the appeal, holding that the City failed strictly to comply with Rule 5, and therefore, the circuit court erred in granting the motion for extension of time to file the record. View "City of Little Rock v. Hermitage Dev. Corp." on Justia Law

Appellees in this case were hourly, non-nursing employees of Arkansas Department of Veterans Affairs d/b/a Arkansas Veterans Home and Fayetteville Veterans Home (ADVA). Appellees sought class certification alleging that ADVA violated the Arkansas Minimum Wage Act by failing to pay Appellees for overtime hours worked. The circuit court found that class certification was appropriate as to claims alleging that ADVA automatically deducted thirty minutes daily from Appellees’ hours worked to account for meal breaks even though they were regularly required to work during their meal breaks. ADVA appealed. The Supreme Court reversed, holding that because Appellees’ claims were highly individualized, the circuit court abused its discretion in certifying the class action. Remanded with instructions to decertify the class. View "Ark. Dep't of Veterans Affairs v. Mallett" on Justia Law

Plaintiffs were registered nurses, licensed practical nurses, and certified nursing assistants who worked for the Arkansas Department of Veterans Affairs (ADVA) as hourly employees. Plaintiffs brought this action alleging violations of the Arkansas Minimum Wage Act for failing to pay them for all overtime hours worked. Plaintiffs sought class certification. After a hearing, the circuit court granted class certification. ADVA appealed, arguing that the circuit court abused its discretion in certifying the class. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in its findings regarding the requirements of commonality, predominance, and superiority. View "Ark. Dep't of Veterans Affairs v. Okeke" on Justia Law

Appellants were twelve nursing-home facilities doing business as Golden Living Centers in cities throughout Arkansas as well as related entities and individuals serving in leadership positions. Appellees, former residents of the nursing homes or their special administrators, guardians, or attorneys-in-fact, brought this class-action suit alleging that Appellants failed properly to staff the facilities and failed to meet minimum staffing requirements. Appellees brought claims for breach of contract and violations of the Arkansas Long-Term Residents’ Rights Act (Residents’ Rights Act) and the Arkansas Deceptive Trade Practices Act (ADTPA). the circuit court entered an order granting class certification of the three claims. The Supreme Court affirmed, holding (1) Appellees met their burden of proving the predominance of common issues; (2) the class action approach was a superior method for resolving the question of Appellants’ liability; and (3) the class definition was sufficiently definite and precise. View "GGNSC Arkadelphia LLC v. Lamb" on Justia Law

Appellants, Certain Underwriters at Lloyd’s, London, filed a motion to intervene in a class-action suit filed by Appellees, purchasers of surplus-lines insurance. Named as defendants were Arkansas surplus-lines-insurance brokers. According to Appellees, the defendants improperly placed contracts of insurance with persons who were not insurers approved by the Arkansas Insurance Commissioner. Appellants asserted that they had subscribed to multiple insurance policies issues to Appellees during the relevant time period and that they had significant interests in the suit because Appellees sought to void multiple insurance contracts to which Appellants subscribed as real parties in interest. Appellants also generally denied the allegation of the class-action complaint, including the allegation that the insurance contracts were voidable. The circuit court denied Appellants’ motion to intervene. The Supreme Court reversed, holding (1) the circuit court erred in ruling that Appellants were too amorphous to allow intervention; and (2) Appellants met the requirements of Ark. R. Civ. P. 24(a)(2), which must be demonstrated when a party seeks to intervene as a matter of right. View "Certain Underwriters at Lloyd's, London" on Justia Law

Plaintiffs filed a class action complaint against Philip Morris Companies Inc. and Philip Morris Inc., alleging that Philip Morris violated the Arkansas Deceptive Trade Practices Act (ADTPA) by falsely advertising that its Marlboro Lights cigarettes were safer and contained less tar and nicotine than other cigarettes. The circuit court certified Plaintiffs’ class action, concluding that common issues among all class members predominated over any individual issues and that a class action was a superior method of resolving the claim. The Supreme Court affirmed the circuit court’s order certifying the class, holding that the circuit court did not abuse its discretion in certifying the class, as common issues predominated, a class action was a superior method of adjudication, and the class was ascertainable. View "Philip Morris Cos., Inc. v. Miner" on Justia Law

Appellee, Peter Rosenow, brought a class-action complaint individually and on behalf of similarly situated persons against Appellants, Alltel Corporation and Alltel Communications, Inc. (collectively, Alltel), alleging violations of the Arkansas Deceptive Trade Practices Act and unjust enrichment arising from Alltel’s imposition of an early termination fee on its cellular-phone customers. Alltel filed a motion seeking to compel arbitration based on an arbitration clause contained in its “Terms and Conditions.” The circuit court denied the motion, concluding that Alltel’s arbitration provision lacked mutuality. The Supreme Court affirmed, holding that the circuit court did not err in finding that a lack of mutuality rendered the instant arbitration agreement invalid.View "Alltel Corp. v. Rosenow" on Justia Law

Appellees filed a class-action complaint against a Bank, asserting several claims arising from the Bank’s alleged practice of manipulating customers’ checking-account debit transactions to maximize the amount of overdraft fees charged to each customer. The Bank filed a motion to dismiss, or alternatively, a motion to compel arbitration based on an arbitration provision contained in the Deposit Agreement attached to Appellees’ complaint. In response, Appellees denied the existence of a valid arbitration agreement. The circuit court denied Bank’s motion, ruling that the arbitration provision was unconscionable and, thus, unenforceable. The Supreme Court reversed, holding that because the circuit court did not find that there was a valid arbitration agreement, the case must be remanded to the circuit court to determine whether there was a valid agreement to arbitrate between the parties. View "Bank of the Ozarks, Inc. v. Walker" on Justia Law