Justia Government Contracts Opinion Summaries

Articles Posted in Supreme Court of Appeals of West Virginia
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The Supreme Court affirmed the order of the West Virginia Public Service Commission ruling that its jurisdiction under state law to regulate a company that was operating in West Virginia solely as a contractor for a federal agency was preempted by federal law, holding that there was no error in the Commission's determination.The United States Department of Veterans Affairs (VA), the federal agency in this case, was impelled to give the company, Community Pastor Care, LLC (CPC), the subject contract to meet a goal expressed by Congress in 38 U.S.C. 8127(a). Metro Tristate, Inc. filed this case asking that the Commission bar CPC from transporting VA passengers until it received a permit from the Commission. The Commission concluded that its jurisdiction to regulate CPC was preempted by federal law. The Supreme Court affirmed, holding that the Commission correctly determined that its jurisdiction to regulate CPC was preempted by federal law. View "Metro Tristate, Inc. v. Public Service Commission of W. Va." on Justia Law

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The Supreme Court affirmed the circuit court's dismissal of West Virginia Counties Group Self-Insurance Risk Pool, Inc.'s (WVCoRP) claims against Great Cacapon Volunteer Fire Department, Inc. (VFD), holding that the circuit court did not err.When a fire destroyed the building where VFD was housed, the owner of the building, the Morgan County Commission, was reimbursed for the loss by WVCoRP. Seeking to recover the funds it expended, WVCoRP sued the VFD and other parties for negligence. In the process, WVCoRP invoked a contractual right to subrogation. The circuit court determined that the claims against VFD were barred by W. Va. Code 29-12A-13(c), which prohibits claims against political subdivisions made under a right of subrogation. The Supreme Court affirmed, holding (1) WVCoRP's claims spring from its coverage contract with the Commission and fall within any plain meaning of subrogation; and (2) section 29-12A-13(c) is not an insurance law of the State from which WVCoRP is exempt. View "West Virginia Counties Group v. Great Cacapon Volunteer Fire Department, Inc." on Justia Law

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Respondent was the low bidder on a government construction contract. The Purchasing Division of the Department of Administration and the Lottery Commission (collectively, the Agency), however, awarded the contract to Petitioner, the next low bidder, determining that Petitioner was the lowest qualified responsible bidder on the project. Petitioner filed suit to rescind the contract. The circuit court ordered the Agency to award the contract to Respondent, concluding that the determination to disqualify Respondent was not rational. The Supreme Court affirmed, holding that the Agency abused its discretion when it awarded the construction contract to Petitioner. View "Wiseman Constr. Co. v. Maynard C. Smith Constr. Co." on Justia Law