Articles Posted in Arkansas Supreme Court

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Plaintiff, a construction company, filed this suit after the Arkansas State Claims Commission (ASCC) denied a claim by Plaintiff related to a contract Plaintiff had entered into with the Arkansas State Highway Commission (ASHC) to complete a highway improvement project. Plaintiff named as defendants the ASCC, the ASHC, and the Arkansas State Highway and Transportation Department (ASHTD). In its complaint, Plaintiff challenged the constitutionality of the method by which the State resolves claims against it, asserting that the procedures violated the Due Process Clause. After a remand by the Supreme Court, the circuit court dismissed Plaintiff’s due process claim and equal protection claim as barred by sovereign immunity. On appeal, Plaintiff argued that the circuit court erred in dismissing its due process claim. The Supreme Court affirmed, holding that Plaintiff failed to demonstrate an unconstitutional act on the part of Defendants that would except its due process claim from the doctrine of sovereign immunity. View "Duit Constr. Co. v. Ark. State Claims Comm'n" on Justia Law

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In 2014, the Arkansas State Highway and Transportation Department issued a bid invitation for a janitorial and cleaning-services contract. O.J.’s Service Two, Inc. submitted a bid for the contract. The Highway Department, however, awarded the contract to another bidder, RazorClean. O.J.’s protested the contract award, contending that RazorClean’s bid did not conform to the specifications in the bid invitation. The Highway Department denied O.J.’s protest. Thereafter, O.J.’s filed suit against the Highway Department and other state defendants (collectively, “Defendants”) requesting a writ of mandamus compelling Defendants to follow the Arkansas procurement laws and regulations and requiring Defendants to declare the contract with RazorClean null and void and to award the contract to O.J.’s. Defendants filed a motion to dismiss, asserting that O.J.’s claims were barred by sovereign immunity. The circuit court denied the motion. Defendants subsequently filed this interlocutory appeal. The Supreme Court dismissed the appeal as moot, holding that because the contract at issue in the lawsuit had been fully performed, the matter is now moot, and none of the exceptions to the mootness doctrine apply. View "Ark. Highway & Transp. Dep't v. O.J.’s Serv. Two, Inc." on Justia Law