# BNL Equity Corp. v. Pearson

> Supreme Court of Arkansas · February 10, 2000 · 340 Ark. 351

URL: https://www.frixlaw.com/law-library/cases/9634634

## Case

- **Full name:** BNL EQUITY CORPORATION (Formerly Known as United Arkansas Corporation), BNL Financial Corporation (Formerly Known as United Iowa Corporation), Wayne E. Ahart, Kenneth Tobey, and Barry N. Shamas v. Myra Jo PEARSON, Paul Pearson, and James Stilwell
- **Court:** Supreme Court of Arkansas
- **Decided:** February 10, 2000
- **Citations:** 340 Ark. 351; 10 S.W.3d 838; 2000 Ark. LEXIS 59
- **Precedential status:** Published
- **Opinion:** Dissent by Thornton
- **Judges:** Robert L. Brown
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9634634

## How later opinions describe it (automated extraction)

- holding that “any analysis of the limitations defense at the class-certification stage is a merits determination, and, therefore, inappropriate”
- holding after a review of the trial court’s well-reasoned twenty-four-page order that a class action was properly certified

## Opinion text

RAY THORNTON, Justice, dissenting. I am concerned that the court has opened the door to class actions without requiring the careful analysis that should be given before certification. The court once held that “with regard to Rule 23 motions, we have specifically stated that we will follow the federal rules in class actions” Farm Bureau Mut. Ins. v. Farm Bureau Policy Holders, 323 Ark. 206 , 918 S.W.2d 129 (1996). However, we have eliminated the requirement under federal rules that there must be a rigorous analysis for certification as oudined in General Telephone Company of South West v. Falcon, 457 U.S. 147 (1982). See Mega Life & Health Ins. Co. v. Jacola, 330 Ark. 261 , 954 S.W.2d 898 (1997).
In my view, we are approaching the point that class actions have been so extended that they elevate efficiency over legal principles. While I respectfully dissent from the direction the majority is taking, I recognize that the grounds for my dissent are being eroded by the cases we have recently decided. I respectfully dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9634634. Public record. Not legal advice.