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Court: Arkansas Supreme Court
Citation:
2023 Ark. 151
Opinion Date: October 26, 2023
Judge:
Rhonda K. Wood
Areas of Law:
Class Action, Health Law, Medical Malpractice
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The Supreme Court reversed the decision of the circuit court certifying a class action in the underlying lawsuit brought under the Patient Right-to-Know Addfct, Ark. Code Ann. 20-6-201 et seq., holding that the court abused its discretion in concluding that the predominance prerequisite of a class action had been satisfied.
In his complaint, Plaintiff alleged that, after terminating his primary care physician, Dr. Anderson, St. Vincent Medical Group failed to provide Dr. Anderson with a list of his patients or to send them notice of his new location. The circuit court certified a class action. The Supreme Court reversed, holding that the circuit court erred in concluding that Plaintiff identified "a common course of conduct that affected all members of the class."
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