Government Contracts Litigation

The Legal Times has acknowledged that we are the “go-to firm” to sue the federal government. We have consistently won multimillion dollar verdicts against the federal government. Our clients have included Boeing, Ford Motor Company, Bank of America, Shell, Unocal, and ChevronTexaco. Representative engagements include:

  • Winstar Cases
    We have represented a large number of financial institutions and related investors in cases that flow from the landmark 1996 Supreme Court decision in United States v. Winstar Corp., a case argued by Mr. Cooper, in which the Court held that the federal government was liable for damages for the injuries caused by Congress’ decision to change the accounting rules that had induced healthy financial institutions and investors to take over failing thrifts in the 1980s. These cases had far-reaching implications for the government’s responsibility to honor its business contracts regardless of subsequent changes in policy or law. Among the financial institutions and other companies represented by the firm in these cases are Bank of America, TCF Bank, Coast Federal Savings Bank, the Ford Motor Company, and AmBase Corporation. We have represented our “Winstar” clients in trial proceedings before the U.S. Court of Federal Claims and appellate proceedings before the U.S. Court of Appeals for the Federal Circuit and the Supreme Court. Our clients have been awarded hundreds of millions of dollars in damages.
  • The Boeing Company v. United States, Nos. 17-1969, 17-1981, & 17-1983 (Fed. Cl.).
    We represent The Boeing Company in a series of related cases challenging the Government’s current method of calculating the price adjustment owed by federal contractors when they simultaneously change more than one of their cost-accounting practices. We argue that the Government’s current practice breaches its contracts with Boeing and constitutes an illegal exaction in violation of the Due Process Clause. The matter is currently pending before the U.S. Court of Federal Claims, where the parties have briefed and argued dueling dispositive motions.
  • Lea v. United States, No. 18-1510 (Fed. Cir.).
    We represent the Arkansas State Auditor in an attempt to redeem numerous United States Savings Bonds that were last held by residents of Arkansas and that have matured long ago but have never been redeemed. Arkansas obtained title to these abandoned bonds under a state statute and has attempted to redeem them with the U.S. Treasury Department, but Treasury has refused to redeem them. We challenged Treasury’s refusal to redeem Arkansas’s bonds as a breach of the United States’ duties under the contract and as an unconstitutional taking of private property rights. The U.S. Court of Federal Claims entered partial summary judgment in our favor declaring Arkansas the valid owner of the bonds, and the case is currently on appeal before the Federal Circuit.
  • McDonnell Douglas Corp. v. United States, Nos. 2007-5111, -5131 (Fed. Cir. 2009) vacated and remanded sub nom. Gen. Dynamics Corp. v. United States, No. 09-1298 (U.S. 2011).
    We represented Boeing in a dispute with the Department of Defense over the government’s cancellation of a $4.8 billion contract to build a Navy stealth fighter jet. We successfully persuaded the Supreme Court to throw out a ruling that could have forced Boeing and General Dynamics to pay $3 billion to the government.
  • Boeing v. United States:
    As co-counsel to Boeing, we successfully challenged the Department of Defense’s award of a contract to replace the United States’ aging fleet of aerial refueling tankers to a competing bidder. On rebid, Boeing won the contract which was worth tens of billions of dollars to our client.
  • Ford Motor Company v. United States, No. 03-5092 (Fed. Cir. Dec. 3, 2004).
    We successfully represented Ford Motor Company in a breach of contract suit against the United States arising from a World War II contract for the manufacture of B-24 Liberator Bombers. Ford seeks to recover the environmental cleanup costs it has incurred in connection with Ford’s performance of the cost-plus-a-fixed-fee contract. The Federal Circuit reversed the trial court and ruled in Ford’s favor.
  • Shell Oil Company, et al. v. United States, No. 2017-1695 (Fed. Cir.).
    We represented Shell, Unocal, Atlantic Richfield Co., and Chevron-Texaco in a major contract dispute with the United States government. Our clients sought compensation for environmental remediation costs that they have incurred as a result of their performance of World War II contracts for the federal government. In 2017, the Court of Federal Claims awarded our clients $99.5 million in damages, and in July 2018, the Federal Circuit unanimously affirmed.
  • Marketing and Management Information, Inc. v. United States, 57 Fed. Cl. 665 (2003).
    We represented EmpowerIT (formerly known as Marketing and Management Information, Inc. (“MMI”)), in a breach of contract action against the United States in the U.S. Court of Federal Claims. The lawsuit stemmed from the decision of the Defense Commissary Agency (“DeCA”) (an agency within the Department of Defense) to terminate a sale/exchange contract between MMI and DeCA, pursuant to which DeCA agreed to provide MMI with raw “scanner data” pertaining to sales at commissaries and MMI agreed to process that data and to perform certain category management support services for DeCA. The trial court granted our summary judgment motion on liability. After extensive discovery, the government agreed to settle the case on the eve of trial.
  • Space Exploration Technologies Corp. v. United States, No. 14-354 (Fed. Cl.).
    We successfully represented ULA in a major bid protest brought by SpaceX challenging the award and execution of a 5 year contract with the Air Force, valued at $11 billion, for 27 rockets to launch national security satellites into orbit. SpaceX ultimately agreed to dismiss the protest with prejudice under terms that honored all of the Air Force’s contractual obligations to ULA.

Prior results do not guarantee a similar outcome.

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