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Appeals 8(a) Program

McDermott Will & Emery

“Common Sense” Governs Tribal Sovereign Immunity Under Federal Contracting Program

McDermott Will & Emery on

The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s ruling, holding that waiver of sovereign immunity for claims related to a federal contracting program means the defendant, a sovereign...more

Maynard Nexsen

Court Enjoins Rebuttable Presumption in 8(a) Program: What's Next for Future, Current Participants?

Maynard Nexsen on

On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee held in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the "rebuttable presumption" of social disadvantage under Small Business...more

Holland & Knight LLP

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

Holland & Knight LLP on

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

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