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Contract Termination Appeals

Bradley Arant Boult Cummings LLP

What Recourse Does a Federal Grant Recipient Have If Its Grant Is Terminated?

When a federal agency terminates a grant award, the consequences can be severe for the recipient. Whether you’re a nonprofit, research institution, public entity, or otherwise, a sudden termination can disrupt operations,...more

Blank Rome LLP

Supreme Court Lifts Restraining Order on Grant Terminations

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The Supreme Court recently issued a ruling with significant impacts for federal contractors and grantees looking to challenge terminations of their contracts and grants in U.S. district courts. Terminated contractors and...more

Davis Wright Tremaine LLP

Not To Be Heard: CBCA Dismisses a Contractor's Appeal of a Termination for Convenience for Lack of Jurisdiction

At a time when government agencies are terminating contracts for convenience at an increasingly high rate, a recent decision by the U.S. Civilian Board of Contract Appeals in Blankson v. Agency for International Development,...more

Blank Rome LLP

A Roadmap for Terminations for Convenience in the DOGE-Era

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The Department of Government Efficiency’s (“DOGE”) scrutiny of federal contracts has resulted in a spike in notices of termination for convenience. Given DOGE’s broad mandate to reduce federal spending, we expect a sustained...more

Gray Reed

Texas Court Limits Tortious Interference Claims in Oil & Gas Assignment Dispute

Gray Reed on

The growling and barking presented by a claim for tortious interference is often far worse than the bite. Consider Segundo Navarro Drilling, Ltd. v. Chilton , which is a good example of that phenomenon in an oil and gas...more

Bradley Arant Boult Cummings LLP

Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals

When a government contract is terminated for convenience, contractors may find themselves navigating the complex process of preparing a termination settlement proposal. One critical consideration that often arises is whether...more

Lathrop GPM

New Jersey Appellate Court Confirms Terminated Retailer Is Not in a Franchise Relationship with Manufacturer

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A New Jersey appellate court affirmed a state trial court’s ruling that a terminated retailer of custom outdoor kitchens was not in a franchise relationship with a manufacturer of outdoor grills and that the New Jersey...more

Holland & Knight LLP

Consejo de Estado unifica jurisprudencia sobre arbitrabilidad de actos administrativos

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La Sección Tercera del Consejo de Estado de Colombia resolvió recientemente el recurso extraordinario de anulación en contra del laudo del 11 de julio de 2022, proferido por el tribunal arbitral constituido para resolver las...more

PilieroMazza PLLC

[Webinar] Annual Review: Lessons from 2023 Contract Claims and Appeals Decisions Affect Approach to 2024 Cases - April 18th, 2:00...

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From adjustments to terminations, it’s important for government contractors to understand lessons learned from 2023 contract claims and appeals decisions and how these decisions could affect their approach to cases in 2024....more

Snell & Wilmer

A Few Days Late, and Many Dollars Short: Utah Court Of Appeals Reminds That Statutory Deadlines Matter, and Provides Clarity On...

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Utah's lien statute is intricate, unique, and oft amended by the legislature. And how Utah courts have interpreted the definitions and deadlines in the lien statute are frequent subjects of trial court best efforts and,...more

Conn Kavanaugh

You’ve Got Mail: Can Notice Sent by Email Satisfy Requirements to Exercise Options Under a Commercial Lease?

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Our world is increasingly ruled by electronic communications. Text messages, Slack channels, and e-mails are all tools of business today. But what happens when a contract requires written notice by a more formal method? Do...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Management Services: Ohio Appellate Court Addresses Whether Certain Services Constituted Grounds For Contract...

The Court of Appeals of Ohio (“Appellate Court”) addressed in a May 12th Decision and Judgment (“Decision”) an issue arising out of a solid waste and transport agreement between two counties. See Board of County...more

Shutts & Bowen LLP

Florida Preliminary Injunctions Must Merely Preserve the Status Quo

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In a recent case, Florida’s Second District Court of Appeal offered a reminder that the fundamental—and limited—purpose of a preliminary injunction is to maintain the status quo....more

Bradley Arant Boult Cummings LLP

Is There a Legal Duty to Deal with Competitors? Sixth Circuit Antitrust Opinion Examines ProMedica’s Termination of Rival Hospital...

The Sixth Circuit’s recent decision in St. Luke’s Hospital et al. v. ProMedica Health System, Inc. addresses whether and when a unilateral refusal to deal can result in competitive injury within the meaning of the federal...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Affirms Dismissal of WARN Suit Against Non-Employer Project Owner

The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide employees with 60 days advance notice of a plant closing or mass layoff. On Tuesday in an unreported decision, the Fourth...more

Dorsey & Whitney LLP

You Know His Name (Jason). You Know the Story (Friday the 13th). But Do You Know Who Owns Jason? The Second Circuit Does - and the...

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As of today, there have been twelve (yes, twelve!) movies released as part of the Friday the 13th series of horror films, as well as a television series. For those of you who have not seen any of these films, they are not for...more

Bradley Arant Boult Cummings LLP

Afghanistan Withdrawal: The Government Contractor’s Guide to Terminations for Convenience

With the United States’ recent withdrawal from Afghanistan, it is only a matter of time before the government begins terminating certain federal contracts for the convenience of the government. Accordingly, government...more

Holland & Knight LLP

Southern District of New York Holds COVID-19 Pandemic Constitutes a Natural Disaster

Holland & Knight LLP on

"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more

Lathrop GPM

The Franchise Memorandum - Issue # 261

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Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fifth Circuit Reverses Trial Court’s Excusal of Area Representative’s Tardy Renewal Notice -...more

Faegre Drinker Biddle & Reath LLP

Ixchel Pharma, LLC v. Biogen, Inc.: Opening the Door to Non-Compete Agreements Between Businesses in California

In a recent decision, Ixchel Pharma, LLC v. Biogen, Inc., the Supreme Court of California opened the door for some restrictive covenants between commercial enterprises, but it left alone California law generally prohibiting...more

Pillsbury Winthrop Shaw Pittman LLP

Can the Government Terminate a Contract for Convenience When It Does Not Actually Terminate the Contract for Convenience?

Court of Federal Claims rules that the government “constructively” terminated a contractor for convenience when it did not order the quantities specified in the contract. The “constructive termination for convenience”...more

Carlton Fields

First Circuit Rejects Argument That Arbitration Clause Was Unenforceable Because Contract Containing the Clause Was Allegedly...

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The First Circuit Court of Appeals recently rejected a party’s argument that an arbitration agreement was unenforceable because the contract containing the arbitration clause had been allegedly terminated and superseded. The...more

McDermott Will & Emery

Patent Sublicense Does Not Automatically Survive Termination of Principal License

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a dismissal based on a license defense, explaining that it was improper to dismiss until the district court had interpreted the license agreement....more

Vedder Price

Economic duress: will English law assist a party who enters into a contract as a result of a lawful threat of causing economic...

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It is clear that English law permits a party to avoid a contract on the grounds of economic duress but there is some uncertainty as to the circumstance in which a contract may be avoided for economic duress. Requiring...more

Vedder Price

Global Transportation Finance Newsletter - September 2019

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In This Issue – Economic duress: will English law assist a party who enters into a contract as a result of a lawful threat of causing economic harm? A Bird on the Ground is Worth One in the Sky: Lessons from ALC v. Far...more

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