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Practice Area

Class Action

Trusted counsel for class action defense across industries, delivering strategic solutions to mitigate risk and protect your business.

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Friday, Eldredge & Clark represents businesses and organizations in complex, high-stakes class action litigation across Arkansas and beyond. Our attorneys have played a key role in shaping Arkansas class action law through decades of trial and appellate experience, successfully defending clients in cases involving banking, insurance, employment, consumer protection, and other industries. We work closely with clients from the outset to evaluate claims, develop targeted defense strategies, and pursue early resolution through dismissal, decertification, or favorable settlement. With deep procedural knowledge, appellate strength, and experience in federal and state courts, our team provides strategic, cost-effective advocacy designed to minimize exposure and protect our clients’ business interests.

Areas of Focus

Our class action defense strategy is designed to minimize risk at every stage of litigation.

From the moment a case is filed, we conduct a detailed evaluation of the claims, parties, and jurisdiction to craft a tailored defense. We focus on early dismissal of meritless claims, targeted discovery to challenge class definitions, and measures that prevent expansion of the class. When appropriate, we utilize arbitration, mediation, and other alternative dispute resolution methods to reduce exposure and achieve efficient outcomes.

Our team has deep appellate experience, which is critical in class action matters where interlocutory appeals are permitted—particularly in Arkansas state courts. This allows us to strategically position cases for success at both the trial and appellate levels. We are also experienced in removing class actions to federal court under the Class Action Fairness Act (CAFA) and addressing pleadings crafted to avoid federal jurisdiction.

In addition to class action defense, we represent clients in complex qui tam litigation brought under federal and state False Claims Acts, including matters of national significance.

Summary
  • Early Risk Mitigation: We immediately assess claims and pursue early dismissal strategies to limit exposure and control costs.
  • Strategic Case Management: Our team tailors defense strategies based on the specific court, parties, and class allegations to position clients for success from the outset.
  • Appellate and Jurisdictional Advantage: Deep experience with interlocutory appeals and federal removal under CAFA allows us to protect client interests beyond the trial court.
  • Prevention-Focused Counsel: We work with clients to develop arbitration agreements, business practices, and compliance strategies that reduce future class action risk.
  • Qui Tam & Nationwide Capabilities: Our experience extends to defending clients in False Claims Act and complex national litigation, providing comprehensive protection across jurisdictions.
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Experience

Our experience includes involvement in the early development of class action procedures in cases such as:

BPS Inc. v. Richardson, 341 Ark. 834, 20 S.W.3d 403 (2000)
Baptist Health v. Haynes, 367 Ark. 382, 240 S.W.3d 576 (2006)

We have continued to develop arguments and strategies in numerous cases over the years. We have successfully argued against class certification in a variety of legal contexts:

E.g., Kennedy v. United American Ins. Co., 2013 WL 1367131 (E.D. Ark. Apr. 3, 2013)
Her v. Regions Financial Corp., 2008 WL 552754 (W.D. Ark. Feb. 27, 2008)
Union Pacific R.R. v. Vickers, 2009 Ark. 259, 308 S.W.3d 573

When our clients are not successful in defeating class certification, the multi-layered strategy we develop with clients' input can result in obtaining rulings that ultimately make it difficult for a plaintiff who faces a certified class to prevail on the merits.

E.g., United American Ins. Co. v. Smith, 2010 Ark. 468, 371 S.W.3d 685 (2011)

When that happens, we are prepared to try class claims to a verdict:

E.g. Bureau Policy Holders & Members v. Farm Bureau Mut. Ins. Co. of Arkansas, Inc. 335 Ark. 285, 984 S.W.2d 6 (1998)
Hutson v. Baptist Health, Pulaski Circuit No. CV-2008-8221 (Dec. 5, 2012)