In a February 23, 2023 opinion the Arkansas Supreme Court dismissed an appeal by Baptist Health Medical Center that weas based on Baptist’s claim that it was immune from the suit due to the Governor’s Executive Order 20-52 related to COVID., and therefore the trial court’s refusal to dismiss the case should be overturned. The Arkansas Supreme Court reasoned that the Executive Order provided immunity from liability and not immunity from suit. The distinction means that a trial court’s order denying a motion to dismiss did not allow for an interlocutory appeal.

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