Robinson Nursing & Rehabilitation Center, LLC v. Phillips (Majority, with Concurring and Dissenting)Annotate this Case
In this complaint filed against Robinson Nursing and Rehabilitation Center, LLC and related entities (collectively, Robinson), the Supreme Court affirmed the circuit court’s order granting class certification in part and reversed it in part. Andrew Phillips filed a first amended class-action complaint challenging Robinson’s business practice of chronic understaffing. Robinson appealed the order granting class certification, arguing that Phillips did not meet his burden of proving commonality, predominance, typicality, and superiority, and that the class definition was overbroad. The Supreme Court held that the circuit court (1) properly granted class certification as to Phillips’s claims of breach of contract, Arkansas Deceptive Trade Practices Act (ADTPA), and unjust enrichment; and (2) abused its discretion in certifying the class action as to Phillips’s negligence claim.