News & Analysis as of

Government Contractor Defense

Husch Blackwell LLP

A First-Class Ticket to Federal Court?

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Michigan Grapples With Airport Authority Over Application of Federal Officer Removal Statute in PFAS Litigation For the last several months, the Gerald R. Ford International Airport Authority (Airport) in Grand Rapids,...more

Troutman Pepper

When Worlds Collide: State AG-Led Tort Claims Meet Government Contractor Defense

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A state attorney general (AG) and a major American corporation recently battled over the scope and applicability of the government contractor defense....more

Husch Blackwell LLP

Middle District of Pennsylvania Sets out a Road Map for Defendants to Assert the Government Contractor Defense in Asbestos Cases

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The Middle District of Pennsylvania’s opinion in Gorton v. Warren Pumps, LLC supported the government contractor defense and set forth a road map for defendants to follow to win summary judgment. The court, relying on the...more

Goldberg Segalla

Removal of Case Based on the Federal Officer Removal Statute by Shipyard Defendant Upheld

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United States District Court for the District of Louisiana - In this asbestos action, the plaintiff, Wilson Goffner Sr., alleged he developed lung cancer as a result of his work as a shipfitter at the Avondale Shipyard...more

Goldberg Segalla

Partial Summary Judgment Granted, Rejecting Government Immunity Defense of Shipyard defendants

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United States District Court for the Eastern District of Louisiana - Plaintiff Linda Crossland alleged take-home exposure to asbestos from her husband’s clothing while he was employed at the Avondale Shipyards, where he...more

Husch Blackwell LLP

PFAS and Federal Contracting: What Contractors Should Know and Why

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Per- and polyfluoroalkyl substances, commonly known as PFAS, are long-lasting chemicals that are quickly gaining notoriety for both their persistence in the environment and their ubiquity in water, air, and soil. Developed in...more

Husch Blackwell LLP

Bellwether Military Earplug Verdicts Underscore Importance of Establishing the Government-Contractor Defense

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In the most recent round of the long-running litigation over hearing protection supplied by manufacturing giant 3M and used by U.S. Military personnel from 2002 until 2015, Plaintiffs have obtained large verdicts in 3 out of...more

PilieroMazza PLLC

Sovereign Acts Doctrine: New Government Defense Tactic Against COVID-Related Claims and REAs

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With the rise in COVID-19 cases due to the Delta variant, government contractors and the government agencies they work with may also see a rise in COVID-related claims and requests for equitable adjustment (REAs) linked to...more

PilieroMazza PLLC

DOD Cancels $10 Billion JEDI Contract, Takes New Direction on Cloud Procurement

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On July 6, 2021, the Department of Defense (DOD) canceled its $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud procurement, close to two years after issuing the award to Microsoft and merely two months after...more

PilieroMazza PLLC

Has Your Claim Been Flagged for Fraud? How It Impacts Your Ability to Appeal Before the Civilian Board of Contract Appeals

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A recent decision from the Civilian Board of Contract Appeals (CBCA) in the appeal of Widescope Consulting and Contracting Services sheds some light on the issue of whether the CBCA lacks jurisdiction over an appeal of a...more

PilieroMazza PLLC

COFC Denies DOJ/Microsoft Motion to Dismiss Amazon JEDI Protest

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On April 28, 2021, the U.S. Court of Federal Claims issued a sealed decision denying the Department of Justice’s (DOJ) and Microsoft’s motions to dismiss Amazon Web Services’ (Amazon) bid protest of the Pentagon’s $10 billion...more

PilieroMazza PLLC

10 Questions to Ask for a Successful Government Contractor Change of Name Submission

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Government contractor name changes, whether through a standard name change or through a restructuring, present unique regulatory hurdles. One such challenge is the preparation, submission, and execution of a change of name...more

American Conference Institute (ACI)

[Virtual Conference] DCAA & DCMA Cost, Pricing, Compliance & Audits - June 8th - 9th, 9:00 am - 4:45 pm EST

ACI’s 12th Advanced Forum on DCAA & DCMA Cost, Pricing, Compliance & Audits will take place on June 8 – 9th in a virtual format. This is a leading event for defense, aerospace and other government contractors, and industry...more

Faegre Drinker Biddle & Reath LLP

Artful Pleading Won’t Circumvent Sovereign Immunity, Fourth Circuit Says

In Cunningham v. Lester, —F.3d—, 2021 WL 821467 (4th Cir. Mar. 4, 2021), the Fourth Circuit reiterated that the doctrine of sovereign immunity is alive and well and very much applicable to putative TCPA claims, and that...more

PilieroMazza PLLC

Weekly Update Newsletter - September 2020

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GOVERNMENT CONTRACTS - SBA Releases Fiscal Year 2019 Procurement Scorecard - The Small Business Administration (SBA) released its Fiscal Year 2019 Small Business Federal Procurement Scorecard, which tracks, assesses,...more

BCLP

U.S. Liability Considerations for Product Manufacturers Shifting Production to New Products to Assist in Pandemic Response

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An issue of concern for some manufacturers during the COVID-19 outbreak is the issue of potential liability in a product liability lawsuit if they switch their manufacturing process to produce items they don’t normally...more

Miles & Stockbridge P.C.

En Banc Fifth Circuit Strips Away Confusion re Government Contractor Removal

On February 24, 2020, in Latiolais v. Huntington Ingalls, Inc., the Fifth Circuit joined the Third, Fourth, and Eleventh Circuits in applying the plain language of the revised Federal Officer Removal Statute, 28 U.S.C. §...more

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