Page:Philip Morris Companies v. Miner.pdf/3

 The court concluded, inter alia, that common issues among all class members predominated over any individual issues and that a class action was a superior method of resolving the claim. Philip Morris has brought this interlocutory appeal from the circuit court's order certifying the class. See Ark. R. App. P.–Civ. 2(a)(9) (2014).

II. Standard of Review and Applicable Law
The certification of a class action is governed by Arkansas Rule of Civil Procedure 23 (2014). Circuit courts have broad discretion regarding class certification, and we will not reverse a circuit court’s decision to grant or deny class certification absent an abuse of discretion. ''Union Pac. R.R. v. Vickers'', 2009 Ark. 259, 308 S.W.3d 573. When reviewing a class-certification order, we focus on the evidence contained in the record to determine whether it supports the circuit court's conclusion regarding certification. ''Asbury Auto. Grp., Inc. v. Palasack'', 366 Ark. 601, 237 S.W.3d 462 (2006). Our focus is "whether the requirements of Rule 23 are met" and "it is totally immaterial whether the petition will succeed on the merits or even if it states a cause of action." ''Am. Abstract & Title Co. v. Rice'', 358 Ark. 1, 9, 186 S.W.3d 705, 710 (2004). Stated another way, we "will not delve into the merits of the underlying claims when deciding whether the Rule 23 requirements have been met." Nat'l Cash, Inc. v. Loveless, 361 Ark. 112, 116, 205 S.W.3d 127, 130 (2005).

Rule 23 imposes six prerequisites for certification of a class-action complaint: (1) numerosity; (2) commonality; (3) typicality; (4) adequacy; (5) predominance; and (6) superiority. Ark. R. Civ. P. 23(a), (b); Asbury Auto., supra; Lenders Title Co. v. Chandler,