Supreme Court of Arkansas

Robinson Nursing and Rehabilitation Center, LLC, D/b/a Robinson Nursing and Rehabilitation Center; Central Arkansas…

May 4, 20172017 Ark. LEXIS 147

Summary

The court affirmed class certification for the breach-of-contract, Arkansas Deceptive Trade Practices Act, and unjust-enrichment claims because chronic understaffing presented common and predominant issues, and the class was sufficiently typical, manageable, and definite. It reversed and remanded for decertification of the negligence claim because proximate causation and injury required individualized inquiries that predominated over common questions. Chief Justice Kemp, concurring in part and dissenting in part, would have affirmed certification of the negligence claim, while Justice Hart, also concurring in part and dissenting in part, would have decertified all claims based on the assertedly individualized staffing standard.