Recent Developments May Impact Service-Disabled Veteran-Owned Small Business Verification Processes And Contracting by Pillsbury Winthrop Shaw Pittman LLP on 5/23/2012 Over the past few weeks there have been two significant developments that may impact both the U.S. Department of Defense's (DoD) and the U.S. Department of Veterans Affairs' (the "VA") Service-Disabled Veteran-Owned Small...more
Blunders of the Supreme Court of the United States, Part 8 by Dan Goodman on 5/6/2012 The eighth in a series on blunders made by the Supreme Court of the United States. In this article the case of Cramer v. United States (325 U.S. 1, 1945) is reviewed. The blunder made is that the United States Supreme...more
Fourth Circuit Upholds “Derivative” Soveign Immunity, following the D.C. Circuit by Cadwalader, Wickersham & Taft LLP on 4/20/2012 Suhail Najim Abdullah Al Shimari, et al. v. CACI Int’l, No. 09-1335 (4th Cir. 2011), addresses the issue of “derivative sovereign immunity”, which deserves another look. According to the allegations, four Iraqi citizens were...more
Fisher v. Halliburton: Fifth Circuit Invokes Common Sense To Defend Defense Base Act by Sheppard Mullin Richter & Hampton LLP on 2/14/2012 In March 2010, a federal district court in Texas ruled that the deaths and injuries sustained by a group of civilian convoy drivers in Iraq during insurgent attacks were not “accidents” caused by conditions of...more
Servicemembers Civil Relief Act as Applied to Child Support by Christopher Buechler on 10/1/2011 A review of the general provisions of the SCRA and how they apply to child support cases....more
Ninth Circuit Affirms Dismissal of Helicopter Crash Case by Dechert LLP on 8/19/2011 The Ninth Circuit recently decided a products case that raised issues of the government contractor defense, and a seldom litigated federal Rule of Civil Procedure. Getz v. Boeing Co., et al., No. 10-15284 (9th Cir. 8/2/11)....more
9th Circuit Holds That Employers' Decisions Based on Security Clearances Are Subject to Court Review in Certain Circumstances by Davis Wright Tremaine LLP on 4/6/2011 In 1988, the U. S. Supreme Court held in Department of the Navy v. Egan that the administrative agency responsible for adjudicating civil service disputes lacked jurisdiction to review employment grievances based on the...more
Supreme Court Ponders “Cat’s Paw” Liability - High Court Leaves Important Questions Unanswered by King & Spalding on 3/14/2011 “Cat’s paw” liability arises when a well-intentioned employer acts on the recommendation of an employee intending to unlawfully discriminate against another. “In such a case, the recommender [uses] the decisionmaker as a mere...more
Rhodes v. Macdonald et al ORDER Denying Temporary Restraining Order by Michael Isaac Shokrian on 9/16/2009 STRIKE TWO, YOU'RE OUT (of Georgia) Connie Rhodes is a military doctor who received US Taxpayer funding for her medical education and agreed to serve two years in the military in exchange for that education. Rhodes is...more
In Re: National Security Agency Telecommunications Records Litigation (This Document Relates To: Center for Constitutional Rights v. Bush) Order Denying Plaintiffs' Motion to Supplement Their Complaint by Electronic Frontier Foundation on 1/28/2009 This case is brought by the Center for Constitutional Rights on behalf of lawyers and others working with the Guantanamo Bay prisoners. It is based on the chilling effect on their ability to defend their clients due to the...more
city of enterprise v. defendant municipal court motion to dismiss for military by James Atwood, Jr. on 11/19/2008 State of Alabama Municipal Court Speeding ticket dismissed. Alabama Military Code forbids ticketing and/or arrest of state militia while performing their duties. A similar law exists for state legislators....more
Southern Foods, Inc. v. United States and U.S. Foodservice, Inc., Fed. Cl. No. 07-210C Opinion by Cyrus E. Phillips IV on 6/21/2007 In this Opinion, the United States Court of Federal Claims concludes that it has Post-Award Procurement Protest jurisdiction over challenges to Solicitations issued by Federal nonappropriated fund instrumentalities....more
Southern Foods, Inc. v. United States and U.S. Foodservice, Inc., Fed. Cl. No. 07-210C Plaintiff's Memorandum in Response to Motion to Dismiss for Lack of Subject-Matter Jurisdiction by Cyrus E. Phillips IV on 4/11/2007 This case arose from a challenge, a Post-Award Procurement Protest, to the selection of a successor food service Contractor for Army Morale, Welfare and Recreation (MWR) programs at Fort Campbell and at Fort Knox. MWR...more
Employment, Labor and Benefits Advisory: First Circuit Adopts Employee-Friendly Standard of Proof for Military Discrimination Claims under USERRA Employment, Labor and Benefits Advisory: First Circuit Adopts Employee-Friendly Standard of Proof for Military Discrimination... by Mintz Levin - Employment, Labor & Benefits on 1/23/2007 In a case of first impression, the United States First Circuit Court of Appeals held that in cases brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 et seq., the burden is...more
Payne v. Harvey Appellant's Opposition to Appellees' Motion for Summary Affirmance by Michael W. Dolan, pllc on 9/25/2006 ...more