Statute Of Limitations Invalidates Government Claim For The First Time
Client Alert | 1 min read | 12.18.09
For apparently the first time, the Contract Disputes Act's six-year statute of limitations has been judicially enforced to defeat a government claim. In McDonnell Services, Inc.(Dec. 2, 2009), the ASBCA dismissed the government's argument that its claims should be treated more generously than contractors' claims under the CDA statute of limitations and went on to rule that an Air Force Contracting Officer's final decisions were time-barred and a "nullity" because DCAA and the Air Force, through a series of audit reports beginning as early as 1998, "had established the basis for" the government's defective pricing claim, including putative damages, "well before, and definitely not later than" six years before the CO's June 2008 final decisions.
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Client Alert | 4 min read | 02.20.26
SCOTUS Holds IEEPA Tariffs Unlawful
On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress.
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