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Contractors Must Go The Extra Mile For Preaward Review

Client Alert | less than 1 min read | 04.04.05

In Billington Contracting, Inc. (Feb. 28, 2005), the ASBCA dismissed a contractor's claim for differing site conditions under a dredging contract, because documents with the relevant detail on site conditions were referenced in a contract specification and had been available to the contractor for review. The board brushed aside the contractor's complaint that the relevant records were only identified as available some 750 miles from the project site, stating that a contractor is "bound to seek" out such information.

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Client Alert | 8 min read | 03.05.26

Fifth Circuit Decision in Health Care Fraud Case Highlights Importance of Careful Drafting in Civil RICO Complaints

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....