Tucker Act Reaches More NAFIs Than Many Thought
Client Alert | less than 1 min read | 02.02.11
In a 6-4 en banc decision, the Federal Circuit in Slattery v. U.S. (Jan. 28, 2011) has overruled significant contrary precedent and explained that the Tucker Act provides jurisdiction to sue non-appropriated funds instrumentalities of the government, irrespective of their funding source and whether or not they are listed explicitly in the act (such as the military exchanges have been since the 1970 amendments). Judgments in such cases will be paid from the Judgment Fund.
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Client Alert | 2 min read | 04.16.26
In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the demanding four-factor test traditionally required for preliminary injunctive relief. In so doing, the Federal Circuit clarified that CICA stay override challenges need only demonstrate that the override decision was arbitrary and capricious—nothing more.
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