Christopher Solop and Brenda Redfern successfully appealed a decision by the United States District Court for the Southern District of Mississippi denying Biggs, Ingram & Solop, PLLC’s client, JSI Communication’s ("JSI"), Motion for Summary Judgment on a Mississippi "Little Miller Act" payment bond claim against Travelers Casualty & Surety Company of America ("Travelers"). JSI filed suit against Travelers, the prime contractor’s payment bond for amounts due to JSI by a subcontractor. The lawsuit was removed to federal court based upon diversity jurisdiction. The prime contractor attempted to avoid liability on its payment bond by interpleading into state court the amount it owed to its subcontractor—which was less than the amount its subcontractor owed to JSI—and obtaining a "discharge" from the state court. When JSI sued Travelers, it denied liability based on the state court judgment. The district court agreed with Travelers, but the Fifth Circuit reversed. [Link to Fifth Circuit Decision]. The Fifth Circuit rendered judgment in favor of JSI on the bond claim, ordered reconsideration of JSI’s bad faith claim in light of its opinion, and remanded for consideration of fees and costs relevant to JSI’s bond claim.
Christopher Solop and Brenda Redfern successfully appealed a decision