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Claim Precluded When Not Raised in Earlier Litigation

Client Alert | less than 1 min read | 10.31.12

In Bowers Inv. Co. v. U.S. (Oct. 15, 2012), the Federal Circuit held that a contractor, by not raising it in a previously litigated claim, was foreclosed from arguing an alternative theory for relief separately certified but arising out of the same transaction. The court's broad language that there is a "presumption that all claims arising from the same contract should be brought together" could be seized upon by the government when contractors file multiple claims under a single contract.


Insights

Client Alert | 2 min read | 05.29.26

California Assembly Passes AB 1776, Sending Major Antitrust Bill to the Senate

California’s COMPETE Act (AB 1776) narrowly passed the California State Assembly by three votes on Wednesday and now moves to the California State Senate. The bill — introduced in March by Assembly Majority Leader Cecilia Aguiar-Curry — is modeled closely on draft legislation recommended by the California Law Revision Commission in September. AB 1776 would not only significantly expand potential liability for single-firm conduct and monopolization but, based on recent amendments, would also explicitly decouple California antitrust analysis from certain federal standards. Crowell & Moring is representing the California Chamber of Commerce (CalChamber) in monitoring, analyzing, and responding to AB 1776. ...