typicality requirement (Arkansas) · Go Syfert
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typicality requirement in Arkansas

25 Arkansas opinions name it 1 courts 1995–2022 2 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
FirstPlus Home Loan Owner 1997-1 v. Bryantgreen
ark · 2008 · cited in 4 Arkansas opinions naming this issue, 2009–2016
2 sentences

2013Moreover, “When it is alleged that the same unlawful conduct was directed at or affected both the named plaintiff and the class sought to be represented, the typicality requirement is usually met irrespective of varying fact patterns which underlie individual claims.” Id. at 476, 277 S.W.3d at 584 .

2012Moreover, “When it is alleged that the same unlawful conduct was directed at or affected both the named plaintiff and the class sought to be represented, the typicality requirement is usually met i'rrespective of varying fact patterns which underlie individual claims.” Id. at 476, 277 S.W.3d at 584 .

24
Summons v. Missouri Pacific Railroadgreen
ark · 1991 · cited in 4 Arkansas opinions naming this issue, 1995–2010
2 sentences

2010When it is alleged that the same unlawful conduct was directed at or affected both the named plaintiff and the class sought to be represented, the typicality requirement is usually met irrespective of varying fact patterns which underlie individual claims. 306 Ark. 116, 121 , 813 S.W.2d 240, 243 (1991) (quoting H.

2010When it is alleged that the same unlawful conduct was directed at or affected both the named plaintiff and the class sought to be represented, the typicality requirement is usually met irrespective of varying fact patterns which underlie individual claims. 306 Ark. 116, 121 , 813 S.W.2d 240, 243 (1991) (quoting H.

24
SIMPSON HOUSING SOLUTIONS, LLC. v. Hernandezgreen
ark · 2009 · cited in 2 Arkansas opinions naming this issue, 2011–2016
2 sentences

2016See Simpson Housing Sols., LLC v. Hernandez, 2009 Ark. 480 , 347 S.W.3d 1 .

2016See Simpson Housing Sols., LLC v. Hernandez, 2009 Ark. 480 , 347 S.W.3d 1 .

22
Arkansas Media, LLC v. Bobbittgreen
ark · 2010 · cited in 1 Arkansas opinions naming this issue, 2022–2022
2 sentences

2022Id.

2022See Bobbitt, 2010 Ark. 76, at 8 , 360 S.W.3d at 135 . 4.

11
TERIS, LLC v. Chandlergreen
ark · 2008 · cited in 1 Arkansas opinions naming this issue, 2016–2016
2 sentences

2016When it is alleged that the same unlawful conduct was directed at or affected both the named plaintiff and the class sought to be represented, the typicality requirement is usually met irrespective of varying fact patterns which underlie individual claims. [Footnotes omitted.] Teris, LLC v. Chandler, 375 Ark. 70, 79-80 , 289 S.W.3d 63, 70 (2008).

2016When it is alleged that the same unlawful conduct was directed at or affected both the named plaintiff and the class sought to be represented, the typicality requirement is usually met irrespective of varying fact patterns which underlie individual claims. [Footnotes omitted.] Teris, LLC v. Chandler, 375 Ark. 70, 79-80 , 289 S.W.3d 63, 70 (2008).

11
Edward J. Debartolo Corp. v. Cartwrightgreen
ark · 1996 · cited in 1 Arkansas opinions naming this issue, 2010–2010
1 sentence

2010See id.

11
Atha v. Stategreen
ark · 1950 · cited in 1 Arkansas opinions naming this issue, 2008–2008
1 sentence

2008We also stated that “[t]he class representative’s claim must only be typical and not identical.” Id. (quoting Van Buren, 365 Ark. at 619 , 232 S.W.2d at 452).

11
F & G Financial Services, Inc. v. Barnesgreen
ark · 2002 · cited in 1 Arkansas opinions naming this issue, 2006–2006
2 sentences

2006Servs., Inc. v. Barnes, 349 Ark. 420, 427 , 82 S.W.3d 162, 166 (2002).

2006Servs., Inc. v. Barnes, 349 Ark. 420, 427 , 82 S.W.3d 162, 166 (2002).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
DIRECTV, Inc. v. Murray green
ark · 2012
2 sentences

2016Until such time as lessee has been given the above described written notice and opportunity to cure the asserted breach, lessee shall not be 20 Cite as 2016 Ark. 435 In DIRECTV, Inc. v. Murray, 2012 Ark. 366, 373 , 423 S.W.3d 555, 564 , this court stated that under Arkansas law, “The typicality requirement is satisfied if the class representative’s claim arises from the same wrong allegedly committed against the members of the class.” Accordingly, a representative’s “claim is typical if it arises from the same event or practice or course of conduct that gives rise to the claims of other class

2016Until such time as lessee has been given the above described written notice and opportunity to cure the asserted breach, lessee shall not be 20 Cite as 2016 Ark. 435 In DIRECTV, Inc. v. Murray, 2012 Ark. 366, 373 , 423 S.W.3d 555, 564 , this court stated that under Arkansas law, “The typicality requirement is satisfied if the class representative’s claim arises from the same wrong allegedly committed against the members of the class.” Accordingly, a representative’s “claim is typical if it arises from the same event or practice or course of conduct that gives rise to the claims of other class

32016–2017
Seeco, Inc. v. Stewmon green
ark · 2016
2 sentences

2016Until such time as lessee has been given the above described written notice and opportunity to cure the asserted breach, lessee shall not be 20 Cite as 2016 Ark. 435 In DIRECTV, Inc. v. Murray, 2012 Ark. 366, 373 , 423 S.W.3d 555, 564 , this court stated that under Arkansas law, “The typicality requirement is satisfied if the class representative’s claim arises from the same wrong allegedly committed against the members of the class.” Accordingly, a representative’s “claim is typical if it arises from the same event or practice or course of conduct that gives rise to the claims of other class

2016Until such time as lessee has been given the above described written notice and opportunity to cure the asserted breach, lessee shall not be 20 Cite as 2016 Ark. 435 In DIRECTV, Inc. v. Murray, 2012 Ark. 366, 373 , 423 S.W.3d 555, 564 , this court stated that under Arkansas law, “The typicality requirement is satisfied if the class representative’s claim arises from the same wrong allegedly committed against the members of the class.” Accordingly, a representative’s “claim is typical if it arises from the same event or practice or course of conduct that gives rise to the claims of other class

22016–2016
Van Buren School District v. Jones green
ark · 2006
2 sentences

2008Rule 23(a)(3) requires that “the claims or defenses of the representative parties are typical of the claims or defenses of the class[.]” This court has described the typicality requirement as follows: “[T]he typicality requirement is satisfied where the event or practice or course of conduct that gives rise to the claim of other class members is the same event or practice or course of conduct that gives rise to the plaintiffs injury, and where the claim is based upon the same legal theory.” Asbury, 366 Ark. at 609 , 237 S.W.3d at 468 (quoting Van Buren, 365 Ark. at 619 , 232 S.W.3d at 451 ).

2008Rule 23(a)(3) requires that “the claims or defenses of the representative parties are typical of the claims or defenses of the class[.]” This court has described the typicality requirement as follows: “[T]he typicality requirement is satisfied where the event or practice or course of conduct that gives rise to the claim of other class members is the same event or practice or course of conduct that gives rise to the plaintiffs injury, and where the claim is based upon the same legal theory.” Asbury, 366 Ark. at 609 , 237 S.W.3d at 468 (quoting Van Buren, 365 Ark. at 619 , 232 S.W.3d at 451 ).

22006–2008
Infinity Healthcare Management of Arkansas, LLC; Skyline Healthcare, LLC; Highlands of North Little Rock John Ashley Holdings, LLC, D/B/A North Little Rock Health and Rehabilitation; 2501 John Ashley Drive Holdings, LLC; Skyline Highland Holdings, LLC; JS Highland Holdings, LLC; Skyline Services Group, LLC; Skyline Arkansas Healthcare, LLC; And Skyline Arkansas Holdings, LLC v. Dafony Boyd, Deana Atkins-Davis, Latoyia Floyd, and Hannah Barnes green
ark · 2019
1 sentence

2021Boyd, supra. “Thus, a claim is typical if it arises from the same practice or course of conduct that gives rise to the claims of other class members and if the representative’s claims are based on the same legal theory.” Boyd, 2019 Ark. 346, at 10 , 588 S.W.3d at 29.

12021–2021
Cach, LLC v. Echols neutral
ark · 2016
1 sentence

2020Cach, LLC, 2016 Ark. 446 , at 6–7, 506 S.W.3d at 221–22 (quotation omitted).

12020–2020
SEECO, Inc. v. Snow green
ark · 2016
2 sentences

2017Seeco, Inc. v. Snow, 2016 Ark. 444, at 12 , 506 S.W.3d 206, 214 .

2017Seeco, Inc. v. Snow, 2016 Ark. 444, at 12 , 506 S.W.3d 206, 214 .

12017–2017
Robinson Nursing & Rehabilitation Center, LLC v. Phillips green
ark · 2017
1 sentence

2017Because the class representative’s claim arises from the same alleged wrongful conduct, understaffing, the circuit court correctly found that the typicality requirement had been satisfied. 12 Cite as 2017 Ark. 162 D.

12017–2017
Mega Life and Health Ins. Co. v. Jacola green
ark · 1997
2 sentences

2008Typicality In Mega Life & Health Insurance Co. v. Jacola, 330 Ark. 261 , 954 S.W.2d 898 (1997), we noted that the typicality requirement is satisfied if the representative’s claim arises from the same wrong allegedly committed against the members of the class.

2008Typicality In Mega Life & Health Insurance Co. v. Jacola, 330 Ark. 261 , 954 S.W.2d 898 (1997), we noted that the typicality requirement is satisfied if the representative’s claim arises from the same wrong allegedly committed against the members of the class.

12008–2008
Asbury Automotive Group, Inc. v. Palasack green
ark · 2006
1 sentence

2008Rule 23(a)(3) requires that “the claims or defenses of the representative parties are typical of the claims or defenses of the class[.]” This court has described the typicality requirement as follows: “[T]he typicality requirement is satisfied where the event or practice or course of conduct that gives rise to the claim of other class members is the same event or practice or course of conduct that gives rise to the plaintiffs injury, and where the claim is based upon the same legal theory.” Asbury, 366 Ark. at 609 , 237 S.W.3d at 468 (quoting Van Buren, 365 Ark. at 619 , 232 S.W.3d at 451 ).

12008–2008
BPS, Inc. v. Richardson green
ark · 2000
2 sentences

2002BPS Inc. v. Richardson, 341 Ark. 834 , 20 S.W.3d 403 (2000); see also Cheqnet v. Montgomery, supra (holding that the typicality requirement was met when the class representative’s injuries and damages arose from the collection or attempt to collect for dishonored checks in violation of Arkansas statutory law).

2002BPS Inc. v. Richardson, 341 Ark. 834 , 20 S.W.3d 403 (2000); see also Cheqnet v. Montgomery, supra (holding that the typicality requirement was met when the class representative’s injuries and damages arose from the collection or attempt to collect for dishonored checks in violation of Arkansas statutory law).

12002–2002
Farm Bureau Mutual Insurance v. Farm Bureau Policy Holders & Members green
· 1996
2 sentences

1997Co. v. Farm Bureau Policy Holders, 323 Ark. 706 , 918 S.W.2d 129 (1996), we again stressed that the typicality requirement may be satisfied even where the class representative and the class members stand to recover different amounts of damages.

1997Co. v. Farm Bureau Policy Holders, 323 Ark. 706 , 918 S.W.2d 129 (1996), we again stressed that the typicality requirement may be satisfied even where the class representative and the class members stand to recover different amounts of damages.

11997–1997
Direct General Insurance v. Lane green
ark · 1997
2 sentences

1997In Direct General Insurance Co. v. Lane, 328 Ark. 476 , 944 S.W.2d 528 (1997), we recently *904 explained that the typicality requirement is satisfied if the representative's claim arises from the same wrong allegedly committed against the members of the class.

1997In Direct General Insurance Co. v. Lane, 328 Ark. 476 , 944 S.W.2d 528 (1997), we recently *904 explained that the typicality requirement is satisfied if the representative's claim arises from the same wrong allegedly committed against the members of the class.

11997–1997

Statutes the citing opinions construe

AR § Ark. Code Ann. § 13 (5) AR § Ark. Code Ann. § 15-73-207 (3) AR § Ark. Code Ann. § 4-88-101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 38 (1989–2024) OH 33 (1990–2025) AR 25 (1995–2022) CA 22 (1985–2026) PA 22 (1981–2022) NY 16 (1993–2026) MA 12 (1985–2025) FL 11 (2002–2019) AL 9 (1996–2014) NJ 8 (2006–2026) KY 8 (2017–2024) WA 8 (1989–2021) GA 7 (2011–2025) LA 6 (2006–2022) MT 6 (2011–2016) CT 6 (1996–2018) OK 4 (1999–2010) TN 4 (2011–2022) IN 4 (1991–2024) MO 4 (2006–2021) MI 3 (2009–2013) WI 3 (2021–2025) MD 2 (2006–2007) CO 2 (2009–2012) AZ 2 (1974–1981) NM 2 (2004–2007) DC 2 (1982–1982) MN 2 (2002–2017) WV 2 (2016–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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