Kyle v. Gray Ritter & Graham P.C. (Majority)Annotate this Case
After it was discovered that the American long-grain rice supply was contaminated with genetically modified rice developed by Bayer Holding, Inc., all of the federal lawsuits against Bayer were centralized in the U.S. District Court for the Eastern District of Missouri (MDL court). The MDL court appointed Appellees as a leadership group to coordinate pretrial preparations for the federal litigation. Appellants filed a complaint against Bayer, and the jury awarded Appellants $532,643 in compensatory damages and $500,000 in punitive damages. Before the entry of judgment, Appellees filed a motion to intervene seeking to collect eleven percent of Appellants' total recovery for placement in a common fund established to compensate the leadership group for its efforts. The court granted the complaint in intervention. On reconsideration, the circuit court adhered to its ruling creating a common-benefit fund in favor of Appellees. Appellants appealed. The Supreme Court dismissed the appeal without prejudice for the lack of a proper certification under Ark. R. Civ. P. 54(b), as the order being appealed was not final.