Supreme Court of Arkansas
Arkansas Foundation for Medical Care Bryant Healthcare Center, LLC D/b/a Bryant Healthcare Center Bryant Holdings…
October 4, 20122012 Ark. LEXIS 388
Summary
The court denied a petition for a writ of certiorari seeking to prevent enforcement of a subpoena for emails allegedly protected by federal and state quality-assurance privileges. It held that the subpoena presented an ordinary discovery dispute, that an appeal after final judgment would provide an adequate remedy, and that the record did not establish the extraordinary circumstances required for certiorari. Justice Goodson, joined by Justices Corbin and Baker, dissented, concluding that the subpoena implicated federally mandated confidentiality and warranted immediate review.