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 | 5 min read | 07.01.26
What U.S. Patent Holders Need to Know About Inequitable Conduct Right Now
If a court finds that a patent applicant intentionally misrepresented or withheld material information from the USPTO with the intent to deceive, the consequences are severe, leading to unenforceability of the entire patent (and likely any later patents claiming priority to the unenforceable patent).
Client Alert | 3 min read | 06.30.26
Qatar Labor Law: Key Amendments Introduced by Law No. 9 of 2026
Client Alert | 2 min read | 06.29.26
When Trade Secret Theft Becomes Racketeering: What the Fifth Circuit’s New Ruling Means
Client Alert | 7 min read | 06.26.26
Federal Roundup: Updates for PBMs and Medicare Advantage Organizations
