Supreme Court of Arkansas
Baptist Health v. Bruce Murphy
September 30, 20102010 Ark. LEXIS 458
Summary
The court affirmed the judgment granting declaratory and injunctive relief on the physicians' tortious-interference claim, holding that Baptist waived its res judicata defense, that the policy was reviewable, and that the equitable claims did not carry a jury-trial right. It reversed the judgment on the Arkansas Deceptive Trade Practices Act claim because the statute authorizes a private action for actual damages and attorney's fees, but not private injunctive relief, and it affirmed the award of costs; the attorney-fee cross-appeal was moot. The concurring justice would reach the same res judicata result because the federal and state actions involved distinct claims and the intervenors lacked privity, rather than because Baptist waived the defense.