Van Buren School District v. Jones

232 S.W.3d 444, 365 Ark. 610
CourtSupreme Court of Arkansas
DecidedMarch 16, 2006
Docket05-861
StatusPublished
Cited by27 cases

This text of 232 S.W.3d 444 (Van Buren School District v. Jones) 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
Van Buren School District v. Jones, 232 S.W.3d 444, 365 Ark. 610 (Ark. 2006).

Opinion

Robert L. Brown, Justice.

Appellant Van Burén School District (the “School District”) appeals from the Crawford County Circuit Court’s order granting appellee Steven Jones’s class-certification motion. On appeal, the School District argues as its sole point that the circuit court abused its discretion in granting Jones’s motion. We disagree, and we affirm.

On August 22, 2003, Steven D. Jones and Allen Wolfe, both certified teachers of the School District, filed a complaint against the School District in which they alleged two causes of action based on breach of contract. The first cause of action was a class-action lawsuit brought by Jones, and the second was an individual breach-of-contract action brought by Allen Wolfe, an individual who chose to opt out of the class. 1

Appellee Jones next filed a motion requesting class certification based on claims that members of the class were not compensated for time worked in the morning, during student passing periods, and for afternoon duties, including attending afternoon faculty meetings. He also contended that the class members’ thirty-minute lunch periods were shortened due to teacher duties. Jones concluded that his claims were based on his contract with the School District, on Arkansas statutes, and on the School District’s policies. The School District responded that Jones’s contract was based on a daily rate and not an hourly rate and further stated that there was no School Board policy establishing a fixed number of hours for each working school day. After holding a hearing and considering the posthearing briefs submitted by the parties, the circuit court granted Jones’s motion for class certification. It is from that order that the School District now appeals. 2

I. Class Definition

The School District first claims that the circuit court abused its discretion in granting Jones’s motion for class certification, because the purported class is not susceptible to precise definition by objective standards. The School District contends that Jones has not objectively identified members of the class, because he has failed to allege precisely or clearly the provision of his contract or state law that the School District has allegedly violated.

The School District further argues that Jones has not provided reliable documentation to enable the circuit court to identify the class members objectively. The School District maintains that the circuit court will need to take testimony to determine issues such as whether each individual teacher worked beyond the sixty minutes of noninstructional time. See Ark. Code Ann. § 16 — 17— 117(a)(2) (Supp. 2005). The School District asserts that it did not maintain records of hours actually worked by its teachers and that only partial records remain.

Jones responds that the School District’s contention is untrue. He explains that no adjudication or determination on the merits is proper at this stage or is needed for a teacher to be in the class. Rather, he declares that if the teacher “stood” the extra duty or had a shortened lunch, which was uncompensated time, then he or she is in the class. Jones adds that whether that time is part of the school day or whether the teachers are entitled to compensation for that time is another matter altogether that goes to the merits and is not pertinent to the issue of class certification. According to Jones, not only is the class objectively defined, but many of the class members can easily be identified by name, and this has actually been done as evidenced by certain exhibits.

We begin by noting that it is well settled that this court will not reverse a circuit court’s ruling on a class certification absent an abuse of discretion. See, e.g., Arkansas Blue Cross & Blue Shield v. Hicks, 349 Ark. 269, 78 S.W.3d 58 (2002). In reviewing a lower court’s class certification order, “this court focuses on the evidence in the record to determine whether it supports the trial court’s conclusion regarding certification.” Arkansas Blue Cross & Blue Shield, 349 Ark. at 279, 78 S.W.3d at 64. We have held that “neither the trial court nor the appellate court may delve into the merits of the underlying claim in determining whether the elements of Rule 23 have been satisfied.” Id. Our court has said on this point that “a trial court may not consider whether the plaintiffs will ultimately prevail, or even whether they have a cause of action.” Id. We, thus, view the propriety of a class action as a procedural question. See id.

Regarding specifically the requirements of a class definition, this court has said:

It is axiomatic that in order for a class action to be certified, a class must exist. The definition of the class to be certified must first meet a standard that is not explicit in the text of Rule 23, that the class be susceptible to precise definition. This is to ensure that the class is neither “amorphous,” nor “imprecise.” Concurrently, the class representatives must be members of that class. Thus, before a class can be certified under Rule 23, the class description must be sufficiently definite so that it is administratively feasible for the court to determine whether a particular individual is a member of the proposed class. Furthermore, for a class to be sufficiently defined, the identity of the class members must be ascertainable by reference to objective criteria.

Id. at 280-81, 78 S.W.3d at 64-65, (quoting 5 Jeremy C. Moore, Moore’s Federal Practice § 23.2(1) (Matthew Bender 3d ed. 1997)).

We added along these same lines:

The court in Ferguson [v. Kroger Co. 343 Ark. 627, 37 S.W.3d 590 (2001),] ultimately held that in order to maintain a class action, there must be a defined class that will make it administratively feasible for a court to determine membership in the class. In other words, class identity must be feasible, and the class cannot be excessively broad or amorphous. Id. (citing 7A Charles Alan Wright, Arthur R. Miller, Mary Kay Kane, Federal Practice & Procedure § 1760 (2d ed.1986)). As this court in Ferguson pointed out, clearly defining the class insures that those people who are actually harmed by the defendant’s wrongful conduct will participate in the relief ultimately awarded. Id. (citing Simer v. Rios, 661 F.2d 655 (7th Cir.1981)).

Arkansas Blue Cross & Blue Shield, 349 Ark. at 281, 78 S.W.3d at 65.

In Arkansas Blue Cross & Blue Shield, supra, the issue was whether to certify a class of Arkansans who had purchased, or paid premiums for, a Medicare Supplement Policy from Blue Cross and Blue Shield of Arkansas while enrolled as Qualified Medicare Beneficiaries during a specified time period.

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Bluebook (online)
232 S.W.3d 444, 365 Ark. 610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-buren-school-district-v-jones-ark-2006.