Insights

Washington, D.C. – April 1, 2026: Crowell & Moring has won the Litigation of the Year – Cartel Defense Award at the 2026 Global Competition Review (GCR) Awards. These awards recognize the world's leading antitrust lawyers, economists, and enforcers, and highlights the most significant cases from 2025.

Washington – July 8, 2025: Crowell & Moring has secured summary judgment on behalf of longtime firm client CSX Transportation, Inc., prevailing in nearly 20 years of multi-district litigation known as In re Rail Freight Fuel Surcharge Antitrust Litigation. Crowell and three other leading firms representing prominent rail companies led a joint defense group in one of the longest-running and most complex antitrust litigations in U.S. history.

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. 

In its recently published FY 2025 Annual Report (Report), the Civilian Board of Contract Appeals (CBCA) provided detailed statistics about appeals involving disputes between contractors and civilian agencies.  This past year, the civilian agencies with the highest number of docketed claims at the Board were the Department of Veterans Affairs (70 appeals), the United States Agency for International Development (43 appeals), the General Services Administration (36 appeals), the Department of State (12 appeals ), and the Department of Education (12 appeals).  These agencies accounted for 173, or approximately 78%, of the 221 Contract Disputes Act (CDA) appeals docketed at the Board. 

Every year since 1979, the Armed Services Board of Contract Appeals (ASBCA) has issued a Report of Transactions and Proceedings (Report), which provides helpful statistics for contractors and practitioners regarding the ASBCA’s docket and success rates for contractor litigation and ADR. The ASBCA published its FY 2025 Report on October 30, 2025.