Ggnsc Arkadelphia, LLC D/b/a Golden Living Center-Arkadelphia; Ggnsc Camden, LLC D/b/a Golden Living Center-Camden…

Summary

The court affirmed certification of a class action brought by residents and estates of residents of twelve nursing facilities, holding that common questions concerning chronic understaffing and statutory and contractual liability predominated over individualized questions concerning causation, injury, and damages. It also held that a bifurcated proceeding could efficiently resolve common liability issues before any individual recovery issues, and that the class definition was objectively ascertainable without requiring a merits determination of actual harm. Justice Hart, joined by Justice Wood, dissented, arguing that individualized causation and injury issues meant no common operative facts established liability for each class member.