Civil Procedure › Government Contracting › Constitutional Law

NLRB Posting Requirement Struck Down by Court; Federal Contractors Still on the Hook

On May 7, 2013, the D.C. Circuit vacated a National Labor Relations Board (“NLRB” or “Board”) rule that would require most private sector employers to display a poster informing employees of their rights under the National...more

Supreme Court Clarifies Jurisdiction Over Claims Arising Under Procurement Code

The Pennsylvania Supreme Court recently confirmed the absolute right of Commonwealth agencies to withdraw solicitations for contracts, as well as the exclusive jurisdiction of the Board of Claims to hear disputes with the...more

Court Allows Challenge of RAC Recoupment Process

In a decision issued June 5, 2012, a federal district court allowed suit by a hospital challenging the validity of Medicare regulations providing that a contractor’s decision to reopen an initial determination is not...more

CCA Associates v. United States

Brief Amicus Curiae Of The National Federation Of Independent Business Small Business Legal Center, The CATO Institute, And The...

This procedurally complex case boils down to a simple constitutional question: If the government reneges on a contract and forces a property owner to rent apartments at below-market rates for longer than originally agreed,...more

In FCA Case, Court Finds Civil Penalties Would be Unconstitutional

Recently, a federal district court issued a ruling that could have a substantial impact on future qui tam claims brought under the False Claims Act ("FCA"). In United States of America ex rel. Bunk v. Birkart...more

Why Is Qui Tam Litigation Often So Difficult to Resolve?

The Current Qui Tam Environment There has been a shift in the fault patterns of qui tam litigation. More qui tam cases are being filed than ever before. The statistics demonstrate that the number has increased steadily over...more

Texas General Land Office v. Porretto

Opinion Reversing and Rendering Judgment for Texas GLO

After the State of Texas lost an important trial concerning state versus private ownership of beachfront property, the State retained MDJW lawyers, Levon Hovnatanian and Dale Jefferson, to represent it in further proceedings...more

"Give Me Your Huddled Masses": COFC Still Beckons To Protesters

The U.S. Court of Federal Claims' (“COFC”) decision in Jacobs Technology, Inc. v. United States, No. 11-180C, 2011 WL 2044581 (Fed. Cl. May 26, 2011) (“Jacobs Technology”) does double duty, affirming once again the...more

The Supreme Court To Decide Whether FOIA Responses Trigger The False Claims Act's Public Disclosure Bar

The Supreme Court recently heard oral argument in a case testing the scope of the False Claims Act’s public disclosure bar. The False Claims Act (“FCA”) is the government’s primary weapon against waste, fraud, and abuse in...more