Oral arg. – MSSC – 9/12/2018

At 1:30 the MSSC will hear KMPG, LLP v. Singing River Health System involving arbitration agreements contained in contracts with governmental entities. 

Singing River and KPMG entered into contracts made up of five engagement letters for KPMG to audit Singing River’s year-end financial statements.  Each letter contained an arbitration clause.   Singing River later filed suit against KPMG in the Circuit Court of Hinds County alleging breach of contract and malpractice in KPMG’s performance of its services. KPMG moved to compel arbitration of Singing River’s claims.  Singing River responded that while the engagement letters were sufficiently spread upon the
minutes of its Board of Trustees’ meetings so as  to be valid and enforceable, the
arbitration provisions  were not.  The trial court denied KMPG’s motion to enforce arbitration and KMPG appealed.

KMPG’s  brief

Singing River’s brief

KMPG’s reply brief

Watch the argument here 

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