Boards' CDA Jurisdiction Does Not Extend To Third-Party Beneficiaries
Client Alert | less than 1 min read | 06.30.09
Reversing the ASBCA decision, 08-1 BCA ¶ 33,793 (2008), the Federal Circuit holds in Winter v. FloorPro, Inc. (June 26, 2009), that the ASBCA does not have jurisdiction to hear claims brought by third-party beneficiaries, because they are not "contractors" under the Contract Disputes Act. The Federal Circuit distinguishes its prior holding that the Court of Federal Claims does have jurisdiction to hear claims by third-party beneficiaries, observing that jurisdiction granted to the CFC under the Tucker Act is ";broader than the Board's jurisdiction under the CDA."
Contacts
Insights
Client Alert | 4 min read | 03.05.26
The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation.
Client Alert | 8 min read | 03.05.26
Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
Client Alert | 3 min read | 03.02.26
