Supreme Court of Arkansas

Foremost Insurance Company, Foremost Property and Casualty Insurance Company v. Miller County Circuit Court, Third…

March 11, 20102010 Ark. LEXIS 145

Summary

The court denied Foremost's petition for a writ of prohibition because Foremost did not show that the circuit court was wholly without subject-matter jurisdiction. The court held that standing was not a subject-matter-jurisdiction issue, that the circuit court was not required to resolve Foremost's dismissal arguments before class certification when doing so would require addressing the merits, and that Foremost's unsupported due-process argument could not support prohibition.