Supreme Court of Arkansas

Stephens Production Company v. Bill R. Mainer Peggy Ann Mainer Mary Hammond Living Trust H.h. Hammon — Wood, J…

April 18, 2019571 S.W.3d 905

Summary

Justice Wood dissented from affirmance of class certification, concluding that a proposed class of seven to thirty-six members was not entitled to a numerosity presumption and that the record did not establish that joinder was impracticable. She emphasized that the circuit court failed to consider relevant impracticability factors beyond the number of potential members and would have reversed the certification decision. Chief Justice Kemp and Justice Womack joined the dissent.