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UNITED AMERICAN INS. CO. v. SMITH

No. 10-9.

371 S.W.3d 685 (2010)

2010 Ark. 468

UNITED AMERICAN INSURANCE COMPANY; Heartland Alliance of America Association; and Farm & Ranch Healthcare, Inc., Appellants, v. Jean SMITH and Loria Ivie, Individually and on Behalf of All Others Similarly Situated, Appellees.

Supreme Court of Arkansas.

Rehearing Denied January 13, 2011.

Attorney(s) appearing for the Case

Friday, Eldredge & Clark, LLP, by: Robert S. Shafer and William A. Waddell, Jr., Little Rock, and Fellers, Snider, Blankenship, Bailey & Tippens, by: Eric S. Eissenstat and Brooks A. Richardson, Oklahoma City, OK, for appellant United American Insurance Company.

Barber, McCaskill, Jones & Hale, P.A., by: Micheal L. Alexander and Rick Behring, Jr., Little Rock, for appellant Heartland Alliance of America Association.

Bourland & Kirkman, L.L.P., by: William L. Kirkman and Susanna Johnson, Fort Worth, and Huckabay, Munson, Rowlett and Moore, P.A., by: Mike Huckabay and Beverly A. Rowlett, Little Rock, for appellant Farm & Ranch Healthcare, Inc.

Zuckerman Spaeder LLP, by: Michael R. Smith, Carl S. Kravitz, Ellen D. Marcus, and Jason M. Knott, Washington, DC, John Doyle Nalley, Benton, and Brian G. Brooks, Greenbrier, for appellees.

JIM GUNTER, Justice.

This is an interlocutory appeal from an order of the Saline County Circuit Court certifying a class action entered on September 9, 2009. Appellants assert on appeal that the circuit court erred in certifying the class pursuant to the requirements provided in Arkansas Rule of Civil Procedure 23. Specifically, appellants contend that the circuit erred in finding that common issues of fact and law predominate over individual issues; that the circuit...

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