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Federal Contractors Appellate Courts

WilmerHale

SCOTUS to Decide the Scope of Federal Officer Removal for Federal Contractors

WilmerHale on

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

Blank Rome LLP

DEI Litigation Whiplash: Appellate Court Allows the Government to Move Forward with Challenged DEI-Related Executive Orders

Blank Rome LLP on

Uncertainty for companies when making business decisions is a new norm. Tariffs aren’t going to be the only thing that is on again and off again. The same is happening with directives governing diversity, equity, and...more

McDermott Will & Emery

Just Compensation Based on Hypothetical Negotiation

McDermott Will & Emery on

In a long-standing copyright dispute on its second visit to the US Court of Appeals for the Federal Circuit, the Court affirmed the modest damages award from the US Court of Federal Claims, ruling that a hypothetical...more

Jackson Lewis P.C.

Federal Contractors in Flux: Ninth Circuit Finds President Biden Can’t Mandate Minimum Wage Under EO 14026

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Ninth Circuit has vacated an Arizona federal court’s decision denying a request by several western states to enjoin President Joe Biden’s executive order increasing the minimum hourly wage...more

Cozen O'Connor

Arkansas Court of Appeals: Longshore Harbor Workers’ Compensation Act Payments Not Assignable

Cozen O'Connor on

In a recent unanimous decision, a three-judge panel of the Arkansas Court of Appeals held that Section 916 of the Longshore and Harbor Workers’ Compensation Act (LHWCA) bars the transfer of LHWCA structured settlement annuity...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Upholds Block of Federal Contractor COVID-19 Vaccine Mandate

On January 12, 2023, the U.S. Court of Appeals for the Sixth Circuit upheld most of a district court’s injunction blocking the federal contractor vaccine mandate in Kentucky, Ohio, and Tennessee. In its decision, the...more

Wiley Rein LLP

Federal Circuit Reverses ASBCA Raytheon Decision – Costs for Lobbying Activity Outside Business Hours and M&A Planning Found...

Wiley Rein LLP on

WHAT: The United States Court of Appeals for the Federal Circuit has reversed Appeals of Raytheon Company, ASBCA Nos. 60061 et al, 21-1 BCA 37,796 (Feb. 1, 2021), which found Raytheon’s policies for tracking potentially...more

Jackson Lewis P.C.

Biden Administration Clarifies That Government Will Not Enforce Federal Contractor COVID-19 Vaccine Mandate

Jackson Lewis P.C. on

In a statement on its website, the Safer Federal Workforce Task Force has indicated that, until further notice, the government will not enforce any part (not just the COVID-19 vaccine mandate portion) of Executive Order 14042...more

Wiley Rein LLP

Court Partially Lifts Nationwide Injunction of EO 14042 Contractor Vaccination Requirements. Now What?

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WHAT: The U.S. Court of Appeals for the Eleventh Circuit affirmed, but narrowed, a nationwide injunction issued in December 2021 against the enforcement of COVID-19 vaccination requirements for federal contractors’ employees...more

Morrison & Foerster LLP - Government...

SEKRI, INC. V. United States: Are Pre-Proposal-Submission Email Exchanges Now Enough To Avoid Blue & Gold Waiver?

In the seminal decision Blue & Gold Fleet, L.P. v. United States, the U.S. Court of Appeals for the Federal Circuit held that “a party who has the opportunity to object to the terms of a government solicitation containing a...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Wait Until Next Time

This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court...more

Husch Blackwell LLP

Escaping Blue & Gold: Court Holds Filing A Pre-Award Agency-Level Protest Preserved Protester’s Arguments

Husch Blackwell LLP on

In June 2007, the U.S. Court of Appeals for the Federal Circuit held that a party who fails to object to patent errors in a solicitation before the conclusion of the bidding process waives those objections. Blue & Gold Fleet,...more

Constangy, Brooks, Smith & Prophete, LLP

Federal Vaccine Mandates: Where Employers Stand Now

This week in Vaccine Mandate/Injunction Land. Well, kids, it's been another riotous week in the world of federal vaccine mandates. Here is where everything stands as of Friday morning Eastern Time, December 17, 2021:...more

Morrison & Foerster LLP - Government...

Harmonia Holdings: Denied Pre-Award Protest Rises From The Dead Five Months Later As A Post-Award Protest

The U.S. Court of Appeals for the Federal Circuit has issued its long-awaited decision in Harmonia Holdings Group, LLC v. United States, vacating a bid protest decision the U.S. Court of Federal Claims rendered nearly two...more

Wiley Rein LLP

Blue & Gold Safe For Now: Federal Circuit Holds That a Timely Agency-Level Pre-Award Solicitation Challenge Preserves a...

Wiley Rein LLP on

WHAT: On December 7, 2021, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Harmonia Holdings Grp., LLC v. United States, No. 2020-1538, preserving the waiver rule established...more

Constangy, Brooks, Smith & Prophete, LLP

Vaccine Mandate For Federal Contractors Goes Down! (Temporarily. And In Three States.)

A federal judge has issued a preliminary injunction that prohibits the federal government from enforcing the COVID-19 vaccine mandate that applies to federal contractors. The injunction applies only in the states of Kentucky,...more

Snell & Wilmer

Where There’s an Implied Contract, There’s a Potential Bid Protest: Court of Federal Claims Has Jurisdiction to Hear Breach of...

Snell & Wilmer on

A recent U.S. Court of Appeals for the Federal Circuit (Federal Circuit) decision provides unsuccessful government contractors yet another avenue to pursue a bid protest. Notably, the Federal Circuit resolved the looming...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Circuit Clarifies Bid Protest Stay Timeliness Rules

The U.S. Court of Appeals for the Federal Circuit confirms that a protester seeking to avail itself of the statutory “automatic stay” of performance in connection with a GAO bid protest must file that protest within five days...more

Morrison & Foerster LLP - Government...

Stays Of Performance During A Gao Bid Protest: Federal Circuit Says That Five Days After The Debriefing Date Means Five Days After...

The Court of Appeals for the Federal Circuit has issued a precedential decision in NIKA Technologies, Inc. v. United States, reversing a decision by the Court of Federal Claims on the timelines for securing a stay of contract...more

Bradley Arant Boult Cummings LLP

Kentucky Fried Claim: Contractor Preserves Immunity from Suit by Complying with Government Contract Specifications

Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 10-14): Clear Skies for Boeing After No-Waiver Ruling

Last week was apparently CFC week at the Federal Circuit, with several precedential decisions in government contracts and Tucker Act cases. Below we give our usual week’s statistics and case of the week—our highly subjective...more

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