The Foreign Sovereign Immunities Act and the Fifth Amendment’s Takings Clause
EgyptAir Flight 648 was hijacked on November 23, 1985. Fifty-eight of the ninety-eight passengers died. Three years later, Pam Am Flight 103 exploded over Lockerbie, Scotland at 7:03 PM on December 21,...
View ArticleThe Latest Clue to Solving the Maropakis Riddle: The Affirmative Defense of...
When must a party’s “defense” be asserted as a Contract Disputes Act (CDA) claim in order to raise that defense during a Court of Federal Claims or Board of Contract Appeals proceeding? In Kansas City...
View ArticleConstruction Contractors: The Government Contractor Defense is Alive and Well...
Construction contractors take note: the government contractor defense is alive and well in the Fifth Circuit. In Sewell v. Sewerage and Water Board of New Orleans, the Fifth Circuit recently confirmed...
View ArticleGovernment Contracts 101 Reminder: Certified Claims Must Include a “Signature”
Earlier this Fall, the Armed Service Board of Contract Appeals dismissed an appeal for lack of jurisdiction because the certified claim lacked a proper signature. Appeal of NileCo General Contracting...
View ArticleFourth Circuit Embraces Expansive View of Derivative Sovereign Immunity for...
Last week, the Fourth Circuit Court of Appeals affirmed a lower court decision to dismiss a Telephone Consumer Protection Act (“TCPA”) lawsuit against General Dynamics Information Technology, Inc....
View ArticleFederal Circuit Further Clarifies Maropakis and CDA Interest Rule in...
Earlier this week, the Federal Circuit unanimously affirmed a 2017 ruling by the Armed Services Board of Contract Appeals (“ASBCA”) that held the United States Government breached its contractual...
View ArticleHow Much Is Enough? Federal Circuit Appeal May Decide Level of U.S....
A long-standing dispute over the approach to country of origin determinations under the Trade Agreements Act (“TAA”) may soon be resolved, as the Federal Circuit recently heard oral argument in one of...
View ArticleOFCCP Proposes Rule Removing TRICARE Health Care Providers from Its...
On November 6, 2019, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued a Notice of Proposed Rulemaking (“NPRM”) aimed at resolving what OFCCP describes as a...
View ArticleOFCCP Promulgates Final Rule Eliminating Its Authority Over TRICARE Providers
On July 2, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) promulgated a final rule resolving long-standing uncertainty regarding its enforcement authority over...
View ArticleFifth Circuit Reaffirms Breadth of Yearsley Immunity For Government Contractors
Government contractors should take note of the Fifth Circuit’s June 30, 2021 decision in Taylor Energy Co. v. Luttrell, which reaffirmed that contractors can enjoy a broad immunity from third-party...
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