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The US Supreme Court on June 16, 2025 granted certiorari for an appeal from a divided opinion by the US Court of Appeals for the Fifth Circuit relating to the federal officer removal statute. The appeal comes after a jury...more
When a business is served with a state court action, the first reaction is often to consider whether the action can be removed to federal court based on diversity. But for businesses doing work for the federal government...more
On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more
The U.S. Court of Federal Claims (COFC) recently addressed the scope of its jurisdiction over Other Transaction Authority (OTA) agreements in the case of Telesto Group, LLC v. United States, No. 1:24-cv-01784. The case...more
At a time when government agencies are terminating contracts for convenience at an increasingly high rate, a recent decision by the U.S. Civilian Board of Contract Appeals in Blankson v. Agency for International Development,...more
Federal contractors are winning a safeguard against the government’s practice of moving to dismiss cases brought under the Contract Disputes Act (CDA) for lack of jurisdiction in the late stages of litigation. Recent...more
The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing most trade secret misappropriation claims against federal agencies in district...more
Clarifying a significant issue in government contracts litigation against the government, the U.S. Court of Appeals for the Federal Circuit has held that the so-called “sum certain” requirement for Contract Disputes Act (CDA)...more
In ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), the U.S. Court of Appeals for the Federal Circuit considered whether the Federal Acquisition Regulation (“FAR”)...more
The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more
The Armed Services Board of Contract Appeals in ECC International Constructors, LLC (ASBCA No. 59643 November 9, 2021) issued a partial summary judgment order dismissing several of the contractor's claims for lack of a sum...more
A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition...more