Direct General Insurance v. Lane

944 S.W.2d 528, 328 Ark. 476, 1997 Ark. LEXIS 296
CourtSupreme Court of Arkansas
DecidedMay 12, 1997
Docket96-1554
StatusPublished
Cited by33 cases

This text of 944 S.W.2d 528 (Direct General Insurance v. Lane) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Direct General Insurance v. Lane, 944 S.W.2d 528, 328 Ark. 476, 1997 Ark. LEXIS 296 (Ark. 1997).

Opinion

David Newbern, Justice.

Direct Insurance Company and the other appellants have brought this interlocutory appeal from the Trial Court’s order certifying a class action. See Ark. R. App. P. — Civ. 2(a)(9). We will refer to the appellants collectively as “Direct Insurance.” Jolanda Lane, the appellee, brought an action against Direct Insurance on her own behalf and proposed to represent two subclasses of individuals who entered into agreements with Direct Insurance for the purpose of financing the premiums for their automobile liability insurance policies. Ms. Lane alleged that she and other individuals were charged a usurious interest rate in violation of Ark. Const, art. 19, § 13, and that certain aspects of the premium-finance agreements violated the federal Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601-1693 (1994), and the regulations promulgated thereunder, including Regulation Z, 12 C.F.R. § 226.1. Ms. Lane sought damages under these federal provisions and under Arkansas usury law.

The Trial Court held a hearing on the certification motion, which was resisted by Direct Insurance. Pursuant to Ark. R. Civ. P. 23, the Trial Court granted Ms. Lane’s motion and permitted her to act as the representative of one subclass of individuals asserting usury claims and a second subclass asserting TILA claims. On appeal, Direct Insurance contends that the Trial Court’s certification order should be reversed because Ms. Lane’s claim is not typical of the claims of the other class members and because Ms. Lane will not fairly and adequately protect the interests of the two subclasses. We hold that the Trial Court did not abuse its discretion in certifying the class action and affirm.

In determining whether to certify a class action, a trial court must consider the factors set forth in Ark. R. Civ. P. 23, which provides in part as follows:

(a) Prerequisites to Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
(b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.....

Direct Insurance does not argue that the “numerosity” and “commonality” elements under subdivision (a) of the rule, or the “predominance” and “superiority” elements under subdivision (b) of the rule, are not satisfied. Rather, Direct Insurance asserts only that the Trial Court erred in finding that the “typicality” and “adequacy of representation” elements under Rule 23(a) were satisfied. Given the “longstanding rule that the trial judge has broad discretion in matters of class certification,” Union Nat’l Bank v. Barnhart, 308 Ark. 190, 197, 823 S.W.2d 878, 881 (1992), we conclude that the Trial Court’s order in this case must be affirmed. See also First Nat’l Bank v. Mercantile Bank, 304 Ark. 196, 200, 801 S.W.2d 38, 40 (1990) (“We have consistently recognized that the trial judge has broad discretion as to whether or not a class should be certified.”).

1. Typicality

We explained in Summons v. Missouri Pac. R.R., 306 Ark. 116, 813 S.W.2d 240 (1991), that a representative’s claim is typical of the class members’ claims under Rule 23(a)(3) if the representative’s claim arises from the same wrong allegedly committed against the class. Quoting a passage from Professor New-berg’s treatise on class actions, we said:

Typicality determines whether a sufficient relationship exists between the injury to the named plaintiff and the conduct affecting the class, so that the court may properly attribute a collective nature to the challenged conduct. In other words, when such a relationship is shown, a plaintiffs injury arises from or is directly related to a wrong to a class, and that wrong includes the wrong to the plaintiff. Thus, a plaintiff 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 members, and if his or her claims are based on the same legal theory. 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.

Summons v. Missouri Pac. R.R., 306 Ark. at 121, 813 S.W.2d at 243, quoting Herbert B. Newberg, Newberg on Class Actions, § 3.13, at pp. 166-67 (2d ed. 1985).

In the Summons case, we rejected the argument that the representatives’ claims were not typical of the class members’ claims simply because the representatives’ allegations as to their injuries and damages differed from the injuries and damages allegedly suffered by the class members. “Although the Summonses’ allegations as to their injuries and damages are different from those they describe for other members of the class,” we said, “their claims are typical in the sense that they arise from the alleged wrong to the class which includes the wrong allegedly done to them, and that is sufficient.” Summons v. Missouri Pac. R.R., 306 Ark. at 121, 813 S.W.2d at 243.

We followed this reasoning in Cheqnet Systems, Inc. v. Montgomery, 322 Ark. 742, 911 S.W.2d 956 (1995). In that case, Ms. Montgomery filed a class-action complaint alleging that Cheqnet violated the Federal Fair Debt Collections Practices Act by charging a fee for returned checks in excess of the amount set by the Act. Cheqnet objected to certification and contended that Ms. Montgomery’s claim was atypical of the other members’ claims because she had never paid the alleged overcharge.

We affirmed the Trial Court’s decision to certify. We rejected Cheqnet’s argument concerning the typicality requirement because we found that

Montgomery’s injuries and damages arise from the same wrong allegedly committed against the class — the collection or attempt to collect for dishonored checks in violation of Arkansas statutory law.

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944 S.W.2d 528, 328 Ark. 476, 1997 Ark. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/direct-general-insurance-v-lane-ark-1997.