1. Home
  2. |Insights
  3. |Animus Unnecessary for Improper Termination

Animus Unnecessary for Improper Termination

Client Alert | less than 1 min read | 04.09.13

In a decision that catalogued and continued the confusion in the Federal Circuit's case law concerning when a termination for convenience may be challenged as improper and, thus, give rise to breach damages, the CFC in Tigerswan, Inc. v. U.S. (Apr. 2, 2013) rebuffed the government's position that, to prevail, the contractor must always show a specific intent to harm the contractor. It then ruled that the contractor could not show a breach of good faith duties because the contract contained a termination clause, but then also ruled that actionable bad faith is shown if the government has engaged in improper self-dealing (which tracks the Restatement's definition of breach of good faith duties).


Insights

Client Alert | 2 min read | 10.23.26

CA SB 253: As November 10 deadline approaches, CARB issues letter to potentially covered entities, plaintiffs remind Ninth Circuit of pending decision

One of the two landmark climate-disclosure laws California enacted in 2023 has its first reporting deadline in just over two weeks, amid continued uncertainty regarding its constitutionality.  ...