Divided Federal Circuit Disallows Recovery Of Interest As Damages
Client Alert | less than 1 min read | 10.14.04
Under the "a rose is a rose by any other name" theory, Judge Dyk for the majority in England v. Contel Advanced Systems, Inc. (Oct. 6, 2004) found the ASBCA had improperly granted interest as damages to the contractor when the Navy breached its obligation to reduce the contract price and so the contractor had had to borrow an inflated amount in order to perform. Judge Newman in dissent pointed out that the "no interest" rule dictated by sovereign immunity applies only when interest is requested on other damages, not when the basic damage itself is payment of interest.
Insights
Client Alert | 1 min read | 10.27.25
California Increases Antitrust Penalties
Earlier this month, California enacted Senate Bill 763 (“SB 763”). The legislation amends the state’s long-standing antitrust statute, the Cartwright Act, to increase both criminal and civil maximum penalties for corporations and individuals. California Attorney General Rob Bonta, whose office is responsible for enforcing the Cartwright Act and stands to benefit from any civil penalties recovered under the new law, sponsored the bill.
Client Alert | 3 min read | 10.24.25
Client Alert | 3 min read | 10.24.25
Client Alert | 6 min read | 10.24.25
Will Jarkesy Stop the IRS from Asserting Penalties Against Taxpayers?
