Using Available Funds For Other Purposes No Excuse For Breach
Client Alert | 1 min read | 03.22.05
The Supreme Court in Cherokee Nation of Okla. v. Leavitt (Mar. 1, 2005) sustained breach actions by several Indian tribes against the Department of Interior, which had tried to avoid its contractual obligations by saying that it didn't have enough appropriated funds to meet all of its various responsibilities. In so doing, the Court reaffirmed the long-established rule for procurement contracts that, if Congress has not earmarked funds specifically for a program and "if the amount of an unrestricted appropriation is sufficient to fund the contract, the contractor is entitled to payment even if the agency has allocated the funds to another purpose or assumes other obligations that exhaust the funds," even if the contract has language such as "subject to the availability of funds."
Insights
Client Alert | 4 min read | 02.17.26
Texas Federal Court Hands Cyber Policyholders Major Win in Southwest Airlines Coverage Dispute
On January 27, 2026, the U.S. District Court for the Northern District of Texas ruled favorably for policyholders in a major ongoing cyber-insurance dispute between Southwest Airlines and Liberty Insurance when it accepted the Magistrate Judge's findings and recommendations in Southwest Airlines Co. v. Liberty Insurance Underwriters Inc., Civil Action No. 3:19-CV-2218-E, the court reinforced critical legal protections for policyholders facing coverage denials.
Client Alert | 3 min read | 02.13.26
Client Alert | 12 min read | 02.13.26
What Organ Procurement Organizations Need to Know About CMS's New Proposed Rule
Client Alert | 9 min read | 02.12.26
