Duit Construction Co v. Arkansas State Claims Commission
476 S.W.3d 791
Ark.2015Background
- Duit Construction appeals a circuit court dismissal of its claims against ASCC, legislative review bodies, and highway agencies after this court remanded in Duit I.
- Duit challenged the State’s method for resolving contract claims as violative of due process and equal protection.
- In Duit I, the court held Duit failed to plead a differential treatment between in-state and out-of-state contractors and remanded for consistent entry of orders; equal-protection claim dismissed; due-process claim remained viable on remand.
- On remand, Duit amended only one paragraph; the circuit court then dismissed Duit’s claims citing sovereign immunity and the mandate from Duit I.
- Duit appeals the due-process dismissal as barred by sovereign immunity; the majority affirms, recognizing the State’s sovereign-immunity framework and presumption of impartial adjudicators.
- There is a concurrence and a dissent, with the dissent arguing lack of appellate jurisdiction under law-of-the-case on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Duit's due-process claim is barred by sovereign immunity | Duit contends the process is unfair and impartial adjudication is required. | Appellees argue sovereign immunity bars the suit and no constitutional exception applies. | Yes; due-process claim barred by sovereign immunity. |
Key Cases Cited
- Fireman’s Ins. Co. v. Arkansas State Claims Comm’n, 301 Ark. 451 (1990) (ASCC process meets due process requirements)
- Withrow v. Larkin, 421 U.S. 35 (1975) (adjudicator impartiality presumption; bias must be shown)
- Aetna Life Ins. Co. v. Lavoie, 475 U.S. 813 (1986) (requires direct, personal, substantial pecuniary interest to overcome neutrality)
- Hortonville Joint Sch. Dist. No. 1 v. Hortonville Educ. Ass’n, 426 U.S. 482 (1976) (public officials presumed unbiased absent showing of disqualifying interest)
- Duit Construction Co., Inc. v. Arkansas State Claims Comm’n, 2014 Ark. 432 (2014) (law-of-the-case and sovereign-immunity framework in Duit I)