USA CHECK CASHERS OF LITTLE ROCK v. ISLAND

USA CHECK CASHERS OF LITTLE ROCK v. ISLAND

1. Parties — class official certification — appellate article on grant of official certification. A trial court’s grant of class certification under an abuse-of-discretion standard— the supreme court reviews.

2. Parties — class official certification — six criteria for official certification. — The six requirements for course official certification are lay out in Ark.R.Civ.P. 23(a) and (b): (1) numerosity; (2) commonality; (3) typicality; (4) adequacy; (5) predominance; and (6) superiority.

3. Parties — class official certification — elements of adequacy requirement. — the court that is supreme interpreted Ark.R.Civ.P. 23(a)(4), which has to do with adequacy, to need three elements: (1) the representative counsel must certanly be qualified, skilled and usually in a position to conduct the litigation; (2) there should be no proof of collusion or conflicting interest between your agent in addition to course; and (3) the agent must show some minimal amount of fascination with the action, knowledge of the practices challenged, and capability to help in decision-making as to your conduct associated with litigation.

4. Parties — class official certification — appellees met first couple of requirements for course representation. — there is doubt that is little appellees came across the initial two criteria for course representation where one appellee stated in her own affidavit that she had been extremely pleased with the representation of class counsel; counsel’s competence had been further asserted in appellees’ movement for course official certification; additionally, there is no showing that either appellee had engaged in collusion or had a conflict of great interest with regards to other course people. Continue reading “USA CHECK CASHERS OF LITTLE ROCK v. ISLAND”

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