H. Lefoldt, Jr. v. Donald Rentfro

709 F. App'x 291

Opinion

PER CURIAM; **

Natchez' Regional Medical Center (“NRMC”) filed for bankruptcy and H. Kenneth Lefoldt was appointed Trustee for the liquidation trust. As Trustee, Le-foldt brought claims against the former directors and officers of NRMC, alleging breaches of their fiduciary duties of care, loyalty, and good faith. The district court held that the defendants were immune from suit under the Mississippi Tort Claims Act (“MTCA”). We certified this legal issue to the Mississippi Supreme Court, which held that the MTCA does not “provide[ ] the exclusive remedy for a public hospital’s bankruptcy trustee who, on behalf of the public hospital, sued former officers and directors of that public hospital.” In light of this controlling decision, we vacate the district court’s order dismissing the case and remand for further proceedings.

VACATED and REMANDED.

** Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.