Breach Of Good Faith Doesn't Require Malice
Client Alert | 1 min read | 04.03.06
The Court of Federal Claims in the unusual factual situation of Agredano v. U.S. (Mar. 27, 2006) took the opportunity to reinforce the growing body of decisional law that a party does not have to show subjective malice or intent to injure by a government employee to be able to recover for breach of good faith and fair dealing duties. In this case, Mexican nationals who bought a car seized by the Customs Service at a forfeiture sale "as is" and were then locked up for a year in Mexico when it was discovered at a traffic checkpoint that the upholstery was stuffed with marijuana stated a valid claim for breach of good faith duties to search the car and make sure it was "legal" before offering it for sale.
Insights
Client Alert | 3 min read | 03.11.26
Civil Litigation as a First-Response Strategy: The UK Government's Fraud Strategy 2026–2029
In March 2026, the UK Government published its Fraud Strategy 2026–2029, part of a broader economic-crime policy package building on the Economic Crime Plan 2 (March 2023) and the Anti-Corruption Strategy, published in December 2025. The strategy's headline message for fraud victims is striking: do not wait for the state to act, but rather, seek redress from the court yourself.
Client Alert | 5 min read | 03.11.26
CJEU Sets the Bar Low for Evidence Disclosure in Competition Damages Litigation
Client Alert | 6 min read | 03.11.26
Client Alert | 12 min read | 03.10.26
