163784P.pdf   12/06/2018  James Stuart  v.  State Farm Fire, etc.
   U.S. Court of Appeals Case No:  16-3784
   U.S. District Court for the Western District of Arkansas - Texarkana   
   [PUBLISHED] [Kelly, Author, with Wollman and Erickson, Circuit Judges] 
   Civil Case - class certification. District court certified a class of 
   Arkansas homeowners who alleged that State Farm improperly withheld 
   amounts for labor depreciation between 2008 and 2013 when calculating the 
   actual cash value (ACV)of damaged property. It was not an abuse of 
   discretion for the district court to conclude the insured shared a common, 
   predominating question of law. This court's decision in In Re: State Farm 
   Fire & Casualty Co., 872 F.3d 567 (8th Cir. 2017) (applying Missouri law) 
   does not control the claims at issue because Arkansas explicitly prohibits 
   insurer from depreciating labor costs when using the formula to calculate 
   ACV, and the district court's conclusion that common questions predominate 
   over individualized issues was not an abuse of discretion. State Farm's 
   argument that some plaintiffs cannot demonstrate injury-in-fact does not 
   mean they lack standing to sue and go to the merits of the claims, not 
   before the court on the certification question. The certification order is 
   amended to exclude those subject to a different class action.