Nyet: Board Finds Insufficient Evidence to Grant Summary Judgment on SOL Grounds
Client Alert | less than 1 min read | 07.06.16
In Kellogg Brown & Root Servs., Inc. (June 16, 2016), the ASBCA denied KBR’s motion for summary judgment regarding two government demands for repayment of alleged overcharges that KBR argued were barred by the CDA’s six-year statute of limitations. Citing Sikorsky, the board held that, even though KBR had presented numerous documents to show that the government was made aware of its challenged practices more than six years before the final decisions, the documents themselves (without more) failed to establish undisputed material facts sufficient to meet the post-Sikorsky burden of proof in light of the government’s opposing evidence.
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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.
Client Alert | 3 min read | 03.02.26
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