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"Certain" Means No Weasel Words

Client Alert | less than 1 min read | 09.30.05

The Contract Disputes Act requires a contractor to specify a "sum certain" that it claims. The contractor in Sandoval Plumbing Repair, Inc. (ASBCA Sept. 14, 2005), specified a dollar amount but learned that by adding words such as "no less than" or "in excess of" before a specified amount makes the claim "uncertain" and requires dismissal.

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Client Alert | 4 min read | 03.04.26

Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims

The United States Court of Appeals for the Sixth Circuit held, in an issue of first impression for that court, that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) renders an employer’s pre-dispute arbitration agreement unenforceable as to a plaintiff's entire lawsuit, whenever the lawsuit includes a viable sexual harassment claim....