Breach Of Good Faith Doesn't Require Malice
Client Alert | 1 min read | 04.03.06
The Court of Federal Claims in the unusual factual situation of Agredano v. U.S. (Mar. 27, 2006) took the opportunity to reinforce the growing body of decisional law that a party does not have to show subjective malice or intent to injure by a government employee to be able to recover for breach of good faith and fair dealing duties. In this case, Mexican nationals who bought a car seized by the Customs Service at a forfeiture sale "as is" and were then locked up for a year in Mexico when it was discovered at a traffic checkpoint that the upholstery was stuffed with marijuana stated a valid claim for breach of good faith duties to search the car and make sure it was "legal" before offering it for sale.
Insights
Client Alert | 8 min read | 03.05.26
A recent decision by the United States Court of Appeals for the Fifth Circuit, Farmers Texas County Mutual Insurance Co. v. 1st Choice Accident & Injury, LLC, No. 24-20275 (5th Cir. Feb. 24, 2026), offers important lessons for health care payors and other potential plaintiffs considering civil claims under the federal Racketeer Influenced and Corrupt Organizations Act (RICO). Although the Fifth Circuit’s decision focused on a procedural issue, the underlying case turned on a fundamental pleading failure: the plaintiff insurers did not adequately describe the fraudulent network they were suing as a RICO “enterprise.” The result was dismissal of a $14 million fraud case.
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
Client Alert | 4 min read | 03.02.26
