Rhonda K. Wood

“ Where a cohesive and manageable class exists, we have held that real efficiency can be had if common, predominating questions of law or fact are first decided, with cases then splintering for the trial of individual issues, if necessary. Id. This court has further stated that when a circuit court is determining whether class-action status is the superior method for adjudication of a matter, it may be necessary for the circuit court to evaluate the manageability of the class. ”

“ But the existence of damages, at least for some plaintiffs, will depend on whether Philip Morris misrepresented its product. So the individualized inquiry regarding damages will not destroy predominance: " [T] he mere fact that individual issues and defenses may be raised by the defendant regarding the recovery of individual class members cannot defeat class certification where there are common questions concerning the defendant's alleged wrongdoing that must be resolved for all class members." ”

“ In terms of manageability, the superiority requirement is closely related to predominance, as the presence of central individual issues makes class-action management more difficult. Newbern, supra, § 8:6.
The class-action mechanism is a superior method to adjudicate the overarching, predominant issue of Philip Morris's misrepresentation regarding Lights cigarettes. ”

“ By contrast, those who would have quit smoking altogether could recover their expenses in purchasing Lights. And those who would have continued to smoke, but in greater moderation, could recover something in between. ”

“ Plaintiffs respond that consumers can prove their class membership in other ways, for example, by an affidavit or through testimony. We agree with the plaintiffs. There is no receipt requirement in order to join a class action. ”

“ Furthermore, Philip Morris maintains that even if plaintiffs need not prove reliance, the same problem exists for the causation element.
The relevant statute reads as follows: Any person who suffers actual damage or injury as a result of an offense or violation as defined in the ADTPA has a cause of action to recover actual damages. ”

“ When reviewing a class-certification order, we focus on the evidence contained in the record to determine whether it supports the circuit court's conclusion regarding certification. Asbury Auto. Grp., Inc. v. Palasack, 366 Ark. 601, 237 S.W.3d 462 (2006) . Our focus is "whether the requirements of Rule 23 are met" and "it is totally immaterial whether the petition will succeed on the merits or even if it states a cause of action." Am. ”