Supreme Court of Arkansas

Baptist Health Systems, Mercy Health System, and Washington Regional Medical Center, Appellants/cros — Wood, J…

March 17, 20162016 Ark. LEXIS 99

Summary

Justice Wood, dissenting, would have held that the hospitals presented a justiciable controversy suitable for declaratory judgment because their statutory obligations arise during routine peer-review activities and they faced uncertainty about when those obligations attach. She reasoned that the hospitals adequately pleaded that the statutory definition of an investigation may be unconstitutionally vague and that the State's vigorous defense supplied an adverse party. Justice Danielson, dissenting separately, likewise would have found all requirements for declaratory relief satisfied and reached the merits.