Third-Party Beneficiary & Implied-In-Fact Contracts

Third-Party Beneficiary & Implied-In-Fact Contracts

In Fox Logistics & Construction Co. v. United States, No. 18-139C (September 25, 2019), the plaintiff, a subcontractor, alleged that the Government had breached its duty of good faith and fair dealing under an Air Force contract for construction of the Hindand Air...

Stepping Out

Dr. Marta Stekelman retired from the Department of Defense in 2010, having worked for the agency as a medical doctor for 32 years. After retiring, Dr. Stekelman applied for retirement annuity benefits under 5 U.S.C. §§ 8401-79. The Office of Personnel Management (OPM)...

Is It Wine or Poison?

Gadsden Industrial Park, LLC, brought a taking claim, in the U.S. Court of Federal Claims, alleging that EPA took 92,500 cubic yards of kish, slag, and assorted scrap, which are byproducts of the steel-making process.  Gadsden alleged that the property was worth up to...

A Class Act

In 2012, a group of landowners, later certified as a class, filed a taking case in the U.S. Court of Federal Claims, seeking just compensation for the Government’s “railbanking” of their land “for possible future reactivation as a railroad under the National Trails...