Fishman Haygood successfully defends “Mississippi minutes rule” in U.S. Fifth Circuit

A Fishman Haygood team led by partner Brent Barriere has prevailed in the U.S. Court of Appeals for the Fifth Circuit in an appeal that sought to send auditor malpractice claims to arbitration.  The firm represents the liquidation trustee for the Natchez Regional Medical Center in a lawsuit to recover for the benefit of the hospital’s creditors, including its retirees, the millions of dollars in damages that the hospital suffered due to its auditors’ alleged malpractice.

In Lefoldt v. Horne, L.L.P., the Fifth Circuit held the district court did not err in denying a motion to compel arbitration, where the agreements that contained the alleged arbitration clauses did not appear in the minutes of the Natchez Regional Medical Center, as required by Mississippi law for the enforcement of contracts with a public body.  Read the opinion here.

In addition to Brent Barriere, Fishman Haygood lawyers Alysson Mills, Rebecca Sha, and Skylar Rosenbloom worked on the appeal.