Justia Government Contracts Opinion Summaries

Articles Posted in Supreme Court of Mississippi
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This case involved a dispute between Liberty Mutual Insurance Company (Liberty Mutual), Hill Brothers Construction Company (Hill Brothers) and the Mississippi Transportation Commission (the Commission) regarding a fuel-adjustment clause (the FAC) in a highway-construction contract. In 2019, the Commission successfully moved to alter or amend the circuit court's judgment. The circuit court vacated its prior entry of partial summary judgment in favor of Liberty Mutual on the issue of liability, effectively denying Liberty Mutual's motion for summary judgment. The Mississippi Supreme Court granted Liberty Mutual's petition for interlocutory appeal. The company argued the 2019 order was entered in violation of the Supreme Court's mandate in Hill Brothers I. The Supreme Court determined the circuit court erred in denying Liberty Mutual's motion on liability. The circuit court's judgement was thus reversed and summary judgment reinstated in favor of the insurance company on the issue of liability. View "Liberty Mutual Insurance Company v. Mississippi Transportation Commission" on Justia Law

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The City of Biloxi (City), the Secretary of State on behalf of the State of Mississippi (State), and the Board of Trustees of the State Institutes of Higher Learning (IHL) settled an ownership dispute over coastal property leased to a casino, and agreed how to divide the annual casino rent. Seventeen years later, the City asked the chancery court to declare that it could adjust for inflation its base amount of rent received before divvying up its rent with the State and the IHL. But the City’s only support of its new inflation-adjustment claim was the three public entities’ lease with the casino. While the casino lease required the minimum amount of rent owed be adjusted for inflation every five years, the casino lease did not govern how the City, the State, and the IHL were to divide the rent. Instead, the manner in which rent was divided is governed solely by the settlement agreement. And the settlement agreement was silent with respect to an inflation adjustment. The Mississippi Supreme Court found, however, the agreement was clear: the City received a specific sum, and any rent in excess of that exact amount had to be shared with the State and the IHL. View "In the Matter of The Stewardship of the Public Trust Tidelands" on Justia Law

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After the Mississippi Department of Public Safety (MDPS) reinterpreted a provision in a contract between it and the Mann Agency, LLC, the MDPS refused to pay more than $700,000 in invoices submitted by the Mann Agency. The Mann Agency filed suit against the MDPS for breach of contract. The trial court dismissed each party’s breach-of-contract claim, found that the case involved a bona fide dispute, and denied the Mann Agency’s claim for interest and attorneys’ fees. The Mann Agency appealed the trial court’s decision to deny its claim for interest and attorneys’ fees, arguing that the MDPS acted in bad faith. The MDPS cross-appealed, arguing the trial court erred by dismissing as moot its breach-of-contract claim. Finding no reversible error, the Mississippi Supreme Court affirmed the trial court's decisions. View "Mann Agency, LLC v. Mississippi Department of Public Safety" on Justia Law

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The Mississippi Department of Information Technology Services (ITS) issued a Request for Proposals (RFP) for telecommunications services. After vendors responded, ITS selected the proposal submitted by Telepak Networks, Inc., d/b/a C Spire (C Spire) for a statewide voice and data network. AT&T Corp. (AT&T) protested the award, arguing that ITS’s award of the contract to C Spire was erroneous because C Spire’s proposal did not match the specifications set forth in the RFP. ITS denied AT&T’s challenge, and it appealed. The Chancery Court of the First Judicial District of Hinds County affirmed, finding that ITS’s award of the contract to C Spire was not arbitrary and capricious or unsupported by substantial evidence. AT&T appealed. After review, the Mississippi Supreme Court held that the ITS decision that C Spire’s proposal matched the RFP’s specifications was supported by substantial evidence and was not arbitrary and capricious. Therefore, we affirm. View "AT&T Corp. v. Mississippi Department of Information Technology Services" on Justia Law

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An unsuccessful bidder on managed-care contracts for MississippiCAN, the state’s managed-care program, argued that the Division of Medicaid and its executive director violated multiple statutes and regulations in procuring the contracts. Mississippi True appealed the decision of the chancery court affirming the Division of Medicaid’s award of the contracts to three other companies and the chancery court’s order denying its motion to sever and transfer its damages claims to circuit court. The Mississippi Supreme Court "thoroughly reviewed the voluminous record" and concluded that Mississippi True has failed to prove any basis for reversal. "The decision of the DOM was supported by substantial evidence, was not arbitrary or capricious, was not beyond the DOM’s power to make, and did not violate Mississippi True’s statutory or constitutional rights." View "Mississippi True v. Dzielak et al." on Justia Law

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G4, LLC, entered into a lease in 2009 with the City of Picayune, Mississippi, for land on the grounds of the Picayune Municipal Airport. After the Pearl River County Board of Supervisors assessed ad valorem taxes on the leased land, G4 paid the taxes under protest and petitioned the Board for a refund and for a refund of taxes it had paid on lots in the Tin Hill subdivision. The Board denied G4’s petition, and G4 appealed to the Circuit Court of Pearl River County, which affirmed. G4 appealed, asserting that, according to the Mississippi Supreme Court’s decision in Rankin County Board of Supervisors v. Lakeland Income Properties, LLC, 241 So. 3d 1279 (Miss. 2018), it was automatically exempt from paying ad valorem taxes on the airport property. The Supreme Court agreed, reversed and remanded the circuit court’s decision that affirmed the Board’s refusal to refund the airport property taxes. The Court affirmed the circuit court’s decision that G4 was not entitled to a refund of taxes paid on the Tin Hill subdivision lots. View "G4, LLC v. Pearl River County Board of Supervisors" on Justia Law

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The Mississippi Supreme Court previously unanimously held that KPMG, LLP could not enforce arbitration agreements attached to five annual engagement letters with Singing River Health System (Singing River), a community hospital, because the terms and condition of the letters were not sufficiently spread upon the hospital board’s minutes to create an enforceable contract. In this appeal, KPMG sought to enforce the very same arbitration agreements attached to the very same engagement letters with Singing River - this time against Jackson County, Mississippi, which acted as Singing River’s bond guarantor. For the same reason the Supreme Court affirmed the trial court’s denial of KPMG’s motion to compel arbitration in KPMG, LLP v. Singing River Health System, the Court reversed and remanded the trial court’s grant of KPMG’s motion to compel arbitration in this case. View "Jackson County, Mississippi v. KPMG, LLP" on Justia Law

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John Morgan submitted a public records request to the Mississippi State Hospital (“MSH”) after it had awarded a contract for insurance plan administration to XLK International, LLC (XLK). Morgan, whose bid for the insurance plan administration contract had been unsuccessful, demanded access to all documents XLK had submitted in response to the state hospital’s request for proposal (RFP). XLK sought and obtained a protective order from the chancery court. The chancery court allowed Morgan to intervene and held a hearing on his Motion to Set Aside Protective Order. The chancery court ruled that the documents XLK had submitted in response to MSH’s RFP were not subject to disclosure under the Mississippi Public Records Act, with the exception of the contract between MSH and XLK. Because the chancery court correctly applied the Mississippi Public Records Act, the Mississippi Supreme Court affirmed its judgment. View "Morgan v. XLK International, LLC" on Justia Law

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The City of Clarksdale solicited sealed bids for a public construction project. The City received sealed bids from Landmark Construction Company, GCI (“Landmark”), and Hemphill Construction Company, Inc. (“Hemphill”). When unsealed, both bids exceeded the project’s allocated funds by more than ten percent. Rather than rebidding the contract, the City conditionally awarded a contract to Landmark, dependent upon the City’s obtaining additional public funds to match Landmark’s bid. The Mississippi Supreme Court found the City’s actions were not provided for in the public bidding laws, reversed the circuit court which held to the contrary, and remanded the case to the trial court for further proceedings. View "Hemphill Construction Company, Inc. v. City of Clarksdale" on Justia Law

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The State and the City of Pass Christian’s entered into a forty-year lease. Under the terms of the lease, the City would use a portion of the Harrison County shoreline as a harbor and pursue related commercial development. Russell RP Services, LLC, filed its complaint against the State and the City on November 21, 2013. Russell RP asserted that it held an undivided one-half interest in a parcel of land lying between U.S. 90 and the Gulf of Mexico shoreline, and that the City and State, by executing the aforementioned lease, had effectuated a taking upon its property which required just due compensation. On August 18, 2015, the Harrison County Circuit Court granted the State and City's motions for summary judgment. Concluding that Russell Real Property lacked standing to pursue its claim of inverse condemnation, the circuit court dismissed without prejudice its claim of inverse condemnation. Russell RP appealed, but finding no reversible error, the Supreme Court affirmed. View "Russell Real Property Services, LLC v. Mississippi" on Justia Law