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Fifth Amendment › U.S. Department of Agriculture

Dunlap Bennett & Ludwig PLLC

The “New” Narrative Requirement In SBA 8(a): Business Development Program Eligibility For Socially And Economically Disadvantaged...

Dunlap Bennett & Ludwig PLLC on

The US Small Business Administration (“SBA”) has a long history of supporting socially and economically disadvantaged business owners under Title 15, Chapter 14A, Sections 636(j)(10) and 637(a) of the United States Code. One...more

McGuireWoods LLP

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

McGuireWoods LLP on

On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more

Dunlap Bennett & Ludwig PLLC

SBA 8(A) Business Program Pause: Minority-Owned Businesses Can’t Rely On SBA’s Rebuttable Presumption Of Social Disadvantage

Dunlap Bennett & Ludwig PLLC on

The U.S. District Court for the Eastern District of Tennessee recently issued a decision holding that a rebuttable presumption of social disadvantage for certain minority groups to qualify for inclusion in the Small Business...more

Morgan Lewis

SBA Makes Major Changes to 8(a) Business Development Program Regarding Social Disadvantage

Morgan Lewis on

The US Small Business Administration (SBA) temporarily suspended new application submissions to its 8(a) Business Development program, and it will require many existing participants to explain why they qualify for the program...more

Holland & Knight LLP

District Court Enjoins SBA from Using Race-Based Rebuttable Presumption Under 8(a) Program

Holland & Knight LLP on

The U.S. District Court for the Eastern District of Tennessee ruled on July 19, 2023, in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the U.S. Small Business Administration's (SBA) and U.S. Department of Agriculture's...more

Manatt, Phelps & Phillips, LLP

The California Raisins Strike Back

Manatt, Phelps & Phillips, LLP on

Horne v. Department of Agriculture, No. 14-275 (U.S. June 22, 2015) - Why It Matters: In a pro-property rights opinion, the U.S. Supreme Court applies Fifth Amendment “takings” analysis to a federal program that...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Horne v. Department of Agriculture

Faegre Drinker Biddle & Reath LLP on

On June 22, 2015, the Supreme Court decided Horne v. Department of Agriculture, No. 14-275, holding that the Fifth Amendment’s Takings Clause applies to personal property as well as real property, and a requirement that...more

Beveridge & Diamond PC

California Raisins Ripening (Again) in the Supreme Court’s Sun

Beveridge & Diamond PC on

Takings law is complicated enough but leave it to the frequently reversed U.S. Court of Appeals for the 9th Circuit to twist it out of shape so much as to dare the Supreme Court to reverse it not just once but twice in the...more

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