2023 Ark. 175
Ark.2023Background
- Class-action litigation against Robinson Nursing & Rehabilitation Center over claims by residents and beneficiaries; multiple appeals (this is the fifth appeal).
- Robinson sought to compel arbitration for residents who signed arbitration/admission agreements; circuit court granted arbitration for some residents and denied for others.
- This Court previously remanded twice (Phillips III and Phillips IV) instructing the circuit court to make specific findings explaining denials of arbitration.
- In Jan. and Feb. 2023 the circuit court issued orders adopting a categorical five-factor checklist to grant/deny arbitration for groups of residents but did not identify individual residents by name or make per-resident factual findings; the orders also contained disparaging comments about this Court.
- The Arkansas Supreme Court held the orders inadequate, remanded with instructions that the circuit court must make specific findings for each arbitration agreement/resident, admonished the judge for improper comments, and ordered reassignment of the case on remand; a dissent would have reached the merits instead of remanding.
Issues
| Issue | Plaintiff's Argument (Phillips) | Defendant's Argument (Robinson) | Held |
|---|---|---|---|
| Adequacy of circuit-court findings on motions to compel arbitration | Orders lack the circuit court's rationale and fail to provide per-resident findings needed for appellate review | The circuit court’s categorical findings and listed factors satisfy Phillips III/IV and remand is unnecessary | Court held findings inadequate and remanded for specific findings as to each arbitration agreement and resident |
| Whether circuit court complied with prior remand instructions (Phillips III/IV) | Court again failed to comply with prior instructions to explain denials case-by-case | Orders that set out factors comply with prior directives | Court found noncompliance and again remanded |
| Judicial conduct and appropriateness of judge's remarks | Judge’s disparaging comments violate the Code of Judicial Conduct and warrant rebuke | Remarks are improper but should not affect case disposition | Court admonished Judge Fox for inappropriate comments and cited Code violations |
| Reassignment of the case on remand | Reassignment warranted because judge repeatedly refused to follow appellate instructions and to promote efficiency and impartiality | Reassignment is unnecessary and prejudicial after years of litigation | Court ordered reassignment of the case to a different division on remand |
Key Cases Cited
- Robinson Nursing & Rehab. Ctr., LLC v. Phillips, 2017 Ark. 162 (class certification and early arbitration rulings)
- Robinson Nursing & Rehab. Ctr., LLC v. Phillips, 2019 Ark. 305 (affirmed denial for defective arbitration agreements; remanded others)
- Robinson Nursing & Rehab. Ctr., LLC v. Phillips, 2022 Ark. 109 (Phillips III) (remanded for circuit court to make findings explaining arbitration denials)
- Robinson Nursing & Rehab. Ctr., LLC v. Phillips, 2022 Ark. 193 (Phillips IV) (again remanded for specific findings)
- Bank of the Ozarks, Inc. v. Walker, 2014 Ark. 223 (appellate review requires adequate trial-court findings)
- Smith v. Pavan, 2016 Ark. 437 (judicial reprimand for inappropriate comments made in judicial capacity)