Beverly Enterprises-Arkansas, Inc. v. Thomas, 370 Ark. 310

Summary

The Arkansas Supreme Court affirmed certification of a class action involving nursing-home residents' contractual and statutory claims against Beverly Enterprises-Arkansas, Inc. The court held that the common issue of whether the facility was chronically understaffed predominated over individual issues and that a class action was the superior method of adjudication. The court also upheld the adequacy of the class representative and declined to consider certain unpreserved arguments.

Holdings

1. Thomas's judicial-estoppel argument was not preserved for appellate review because she did not present the specific elements of judicial estoppel to the circuit court and did not obtain a ruling on the issue.
2. The predominance requirement was satisfied because the common, preliminary issue whether the Batesville facility was chronically understaffed in violation of residents' statutory and contractual rights could be resolved before individualized damages and restitution issues.
3. The class action was the superior method for resolving the common liability issues because it efficiently addressed the alleged systemic understaffing for approximately 489 class members while remaining fair and manageable for both sides.
4. The circuit court did not abuse its discretion in finding that Thomas and her counsel adequately represented the class.

Questions Presented

1. Whether the circuit court abused its discretion by finding that common issues concerning alleged systemic understaffing predominated over individual issues under Arkansas Rule of Civil Procedure 23.
2. Whether a class action was the superior method for resolving the common liability issues.
3. Whether Thomas and her counsel adequately represented the class under Rule 23(a)(4).
4. Whether Beverly was judicially estopped from challenging class certification based on its position in a separate case.

Disposition

affirmed