Page:Philip Morris Companies v. Miner.pdf/6

 S.W.2d 898 (1997). The predominance element can be satisfied if the preliminary, common issues may be resolved before any individual issues. Asbury Auto., 366 Ark. at 610, 237 S.W.3d at 469.

In making this determination, we do not merely compare the number of individual versus common claims. Asbury, supra. Instead, we must decide if the issues common to all plaintiffs "predominate over" the individual issues, which can be resolved during the decertified stage of bifurcated proceedings if necessary. Id. Conducting a trial on the common issue in a representative fashion can achieve judicial efficiency. Smith, 2010 Ark. 468, at 10–11, 371 S.W.3d at 692–93. Thus, the mere fact that individual issues and defenses may be raised regarding the recovery of individual members cannot defeat class certification where there are common questions concerning the defendant's alleged wrongdoing that must be resolved for all class members. Vickers, supra.

In the instant matter, Philip Morris maintains that each element of plaintiffs' ADTPA claim—misrepresentation, causation, and damages—contains overriding individual issues that destroy predominance. First, Philip Morris argues that misrepresentation is an inherently individual issue because whether its representations on its Lights cigarettes were false depends on each class member's smoking habit. Second, it argues that proof of causation requires proof of reliance, and since each buyer bought Lights for different reasons, these individual reasons destroy predominance. Third, Philip Morris argues that each individual's damage claim depends on his or her smoking habits, which also destroys predominance.