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
Protest of: TISTA Science and Technology Corporation - B-422891.2; .3; .4 - TISTA challenged the issuance of a task order by the National Institutes of Health to Tantus Technologies, alleging the agency engaged in...more
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
A state attorney general (AG) and a major American corporation recently battled over the scope and applicability of the government contractor defense....more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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