Heather Vaughn and Dawn France v. Mercy Clinic Fort Smith Communities; Mercy Health Fort Smith Communities; And…

Summary

The court held that the circuit court abused its discretion by denying class certification based on payments made after the proposed class was defined and by delaying consideration of certification while awaiting those payments. The proposed class remained ascertainable because its members were identified by whether they had been paid at the time their employment ended, and unresolved claims for prejudgment interest remained. The court reversed and remanded for further proceedings on class certification.