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Litigation Strategies Appeals Federal Contractors

Morgan Lewis

Supreme Court to Resolve Federal Officer Removal Circuit Split in WWII Contracts Case

Morgan Lewis on

The US Supreme Court on June 16, 2025 granted certiorari for an appeal from a divided opinion by the US Court of Appeals for the Fifth Circuit relating to the federal officer removal statute. The appeal comes after a jury...more

Fox Rothschild LLP

Beyond Dollars: COFC View on Declaratory Relief Makes Room for CPARS Litigation

Fox Rothschild LLP on

Federal contractors understandably associate litigation at the Court of Federal Claims (COFC) with recovering monetary damages. Appealing denied claims to the COFC (along with the Boards of Contract Appeals) is the exclusive...more

Harris Beach Murtha PLLC

Plaintiffs Cannot Defeat Federal Removal Jurisdiction by Artful Pleading

The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more

PilieroMazza PLLC

SCOTUS Greenlights Release of Foreign Aid Funds to Government Contractors

PilieroMazza PLLC on

On March 5, 2025, the United States Supreme Court (SCOTUS) upheld a federal judge’s order directing the government to pay nearly $2 Billion to federal contractors for completed foreign aid work. This client alert identifies...more

Bradley Arant Boult Cummings LLP

First Circuit Joins Other Circuits in Adopting Stricter Causation Standard in FCA Cases Based on Anti-Kickback Statute

On February 18, 2025, the First Circuit joined the Sixth and Eighth Circuits in adopting a “but for” causation standard in cases involving per se liability under the federal Anti-Kickback Statute (AKS) and the False Claims...more

Schwabe, Williamson & Wyatt PC

Florida Court Upsets Qui Tam Balance in Landmark FCA Ruling

The False Claims Act (FCA), 31 U.S.C. § 3729, prohibits federal contractors and others from defrauding the government through the submission of false claims that cause the government to pay too much or receive too little. The...more

Buchalter

Contractor Learns You Need an Expert to Join “Battle of the Experts”

Buchalter on

It kind of goes without saying, but you should probably bring your expert to a dispute if there is going to be a battle of the experts. One contractor recently learned this lesson to the tune of $65,000....more

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