Baptist Health v. Bruce Murphy — Greathouse, J., Concurring

Summary

Justice Greathouse concurred in the result on res judicata but rejected the majority's conclusion that Baptist waived the defense by agreeing to divide the claims. She reasoned that the federal antitrust claims and state-law claims were distinct, that no Arkansas rule presumed the federal court would have exercised supplemental jurisdiction, and that the intervenors were not in privity with the appellees. The concurrence therefore would have reached the same result on the merits of claim preclusion for different reasons.