1. Home
  2. |Insights
  3. |Damages Available For Government Breach of CRADA

Damages Available For Government Breach of CRADA

Client Alert | less than 1 min read | 11.24.10

The CFC in D'Andrea Bros. LLC v. U.S. (Nov. 18, 2010) rebuffed the government's argument that the court has no jurisdiction to consider an alleged breach of a no-cost cooperative research and development agreement and to award damages. The court set for trial the contractor's complaint that, when the Marine Corps bad-mouthed the contractor publicly, it breached its good faith duties by frustrating the contractor's ability to market certain trademarks for food items effectively.

Insights

Client Alert | 8 min read | 03.05.26

Fifth Circuit Decision in Health Care Fraud Case Highlights Importance of Careful Drafting in Civil RICO Complaints

A recent decision by the United States Court of Appeals for the Fifth Circuit, Farmers Texas County Mutual Insurance Co. v. 1st Choice Accident & Injury, LLC, No. 24-20275 (5th Cir. Feb. 24, 2026), offers important lessons for health care payors and other potential plaintiffs considering civil claims under the federal Racketeer Influenced and Corrupt Organizations Act (RICO). Although the Fifth Circuit’s decision focused on a procedural issue, the underlying case turned on a fundamental pleading failure: the plaintiff insurers did not adequately describe the fraudulent network they were suing as a RICO “enterprise.” The result was dismissal of a $14 million fraud case....