XTL-NH, Inc. v. New Hampshire State Liquor Com’n

Plaintiff XTL-NH, Inc. (XTL), appealed a superior court order that defendant New Hampshire State Liquor Commission (Commission) did not breach its obligation to provide a competitive bidding process that complied with New Hampshire law. The Commission cross-appealed the trial court’s ruling that sovereign immunity did not bar XTL’s promissory estoppel claim. In March 2012, the Commission issued a Request for Proposal (RFP) soliciting 20-year contract proposals for liquor warehousing services from private vendors. An Evaluation Committee (EC) reviewed five proposals and solicited “Best and Final Offers” from four of the vendors, including XTL. Thereafter, the Commission authorized the EC to negotiate a contract with defendant Exel Inc. (Exel), who was ultimately awarded the contract in November 2012. XTL sued the Commission, seeking preliminary and permanent injunctive relief and attorney’s fees and costs. Because the New Hampshire Supreme Court agreed with the Commission, it vacated and remanded to the trial court with instructions to dismiss this case for lack of subject matter jurisdiction. View "XTL-NH, Inc. v. New Hampshire State Liquor Com'n" on Justia Law