Arkansas Department of Veterans Affairs v. Diane Mallett and Joseph Fabits — Baker, J., Dissenting

Summary

Justice Baker dissented from the majority's reversal and dismissal, arguing that the decision conflicted with the court's treatment of sovereign immunity as an affirmative defense and with the prior decision holding that the legislature could not waive sovereign immunity. Justice Goodson also dissented, maintaining that the defendant forfeited or improperly delayed the defense by contradicting its answer and failing to amend its pleadings. Justice Hart, dissenting, would recognize an ultra vires exception for unlawful withholding of wages, while Chief Justice Kemp concurred in the result based on the constitutional provision governing sovereign immunity.