Today, Beth Ferrell and Justin Ganderson published an excellent article in Law360 about the Federal Circuit’s recent Scott Timber II decision and the contractor’s combined petition for panel rehearing and rehearing en banc. Their article explores the potential impact of Scott Timber II on the longstanding government contracting principle: the duty to cooperate. Prior to the… Continue Reading
Tag Archives: Federal Circuit
Federal Circuit Tackles Equitable Tolling, Again
Posted in Equitable TollingThis post was co-authored by Mike Rizzo and Justin Ganderson. On November 9, the Federal Circuit issued Arctic Slope Native Association Ltd. v. Sebelius, No. 2011-1485 (Fed. Cir. Nov. 9, 2012) (“Arctic Slope II”) – a follow-up to its 2009 decision of the same name which first introduced the concept of equitable tolling to the Contract Disputes… Continue Reading
M. Maropakis Carpentry Rises Again
Posted in Claims & DisputesThis blog post was co-authored by Beth Ferrell. The ASBCA’s recent decision in ERKA Construction Co., Ltd., ASBCA No. 57618 provides more guidance about how the boards and courts will interpret the Federal Circuit’s 2010 M. Maropakis Carpentry decision (609 F.3d 1323) where the Federal Circuit held “that a contractor seeking an adjustment of contract terms… Continue Reading
Contractor’s Breach of Contract Claim is Time-Barred, According to Federal Circuit
Posted in Claims & DisputesOn April 6, 2012, we reported on Raytheon Company v. United States, COFC No. 09-306C (Apr. 2, 2012), where the Court of Federal Claims found that the government’s $25 million claim against the contractor was time-barred under the Contract Disputes Act’s (“CDA”) six-year statute of limitations. In our blog post and our client advisory about this… Continue Reading
Federal Circuit Reverses Zoltek in En Banc Decision, Expanding Contractor Immunity for Patent Infringement Under Government Contracts
Posted in Claims & DisputesOn March 14, 2012, in an en banc decision, the Court of Appeals for the Federal Circuit reversed both itself and the Court of Federal Claims (“COFC”) in holding that the government is subject to liability when a product using a patented process is used in, or imported into the United States by or for… Continue Reading