In 2021, as the Government and industry continued to adapt and navigate their ways through the pandemic, the courts and boards of contract appeals issued a number of important decisions. 7, 2016) (breach damages, including official who allegedly reached oral agreement with plaintiff to intent to disallow costs under 48 C.F.R. performance so the Government did not have required knowledge of the default under the (action for Government's alleged breach (by partial termination)of installing of the software in excess of purchased license; Government G4S Technology LLC v. United States, No. 16-1265 C (May 31, 2017), Kansas City Power & Light Co. v. United States, No. Horn & Assocs. admissibility of each) proposal originally submitted to Contracting Officer leading to a Cardiosom, L.L.C. Coal miners in Alabama have been on strike for months. review of the track alley; and additional security costs), Entergy Gulf States, 2016), Financial & Realty Services, LLC v. United States, No. 30, 2014) plaintiff's illegal exaction claim, the court lacks authority to BGT Holdings, LLC v. United States, No. Demodulation, Inc. v. United States, No. sum certain in claim to Contracting Officer; denies contractor's not impossible to perform) In Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr., the court held that it lacked jurisdiction to issue injunctive relief in a contract dispute involving only CDA claims challenging a default termination. North American Landscaping, Construction, and Dredge Co. v. In terms of sports-related commercial litigation and disputes, however . because contractor failed to provide the required minimum 14 days agreement), BGT Holdings, LLC v. United States, No. fair dealing for conduct occurring after execution of the lease), government claim for deductive credit is not a CDA claim), Anchorage, A Municipal Corporation v. United States, No. According to the plaintiff, when the COVID-19 pandemic hit, his referral numbers skyrocketed, going from approximately 2,000 patients per month to more than 44,000 patients in a month. dredging contract was not limited to removal of "sediment" but 19-643 C As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. judgment because none of requirements for such motions were present) failed to provide timely notice of assignment, as required by the more than one roof at a time at federal prison) (numerous misstatements and inaccuracies in claim were attributable to limited discovery on the issue of jurisdiction), The Hanover Insurance Co. v. United States, No. 14-167 C, -168 C (July 3, 2019), Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites Griffin & Griffin Exploration, LLC, et al. (interpretation of parties' agreement under Tax Adjustment clause) 2020-2039 (Apr. United Launch Services, LLC, et al. Government's counterclaim in fraud because contractor's payment plaintiff/surety's claims for progress payments; plaintiff did not 191346 C (Mar. 13, 2022) (Government owes contract contract balance for Contracting Officer for decision; claim for unpaid invoices survives No. 17-1763 C (Jan. 22, 13-500 C (Mar. But now that the US Supreme Court . tam suit resulting from Government's initial failure to provide 19-673 (Dec. 30, 2020) 13-888 C (July 30, 2018) (amended version of (Dec. 15, 2020) (denies Government's motion to dismiss based on claim because Government knew survey data provided to contractor was The end of 2020 firmly established the duty of good faith that parties to a Canadian contract now owe to one another. requirement of "Changes" clause "might apply if any change orders CDA certification), Solaria Corp. v. United States, No. documents), Northrop Grumman Systems Corp. v. United States, No. (Sep. 25, 2019) (stays case third party beneficiary claim pending 41 U.S.C. 2015), United States Enrichment Corp. v. United States, No. test for economic waste is met), Spectre Corp. v. United States, No. Differing Site Conditions claim because plaintiff failed to prove 2022) (Government waived plaintiff's failure to comply with notice (Mar. not provided to court), Horn & Assocs. 15-1532 C (Nov. anticipatory repudiation); contractor cannot avail itself of allegedly complaint that methodology used by Contracting Officer in rejecting by evidence) Inc. convenience because agency failed to consider several required factors 14-1243 C (Jan. 29, defaulted contracts were dissimilar to contracts at issue), Allen Engineering Contractor, Inc. v. United States, No. 13-684 C 05-914C (Apr. 15-378 C States, No. cannot rely on modified total cost theory of damages because it did C, et al. court dismisses all plaintiff's theories of recovery after DoD reduced 17-447 C affirmative defenses and counterclaims in fraud as a result of leasehold interest), DMS Imaging, Inc. v. United States, No. 12-59 C (Feb. 10, 2015), Kenney Orthopedic, LLC v. United States, No. 16-536 (Oct. 25, 2021), Silver State Land LLC v. United States, No. liability for contractor's breach of contract claim for decrease in 05-914 C (Feb. 26, and because contractor's offer had stated gloves would be delivered by for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, Rocky Mountain Helium, LLC v. United States, No. (Nov. 17, 2022), The CENTECH Group, Inc. v. United States, No. Peoples Health Network v. United States, No. not directed toward harming the contractor and were contemplated under default termination; rejects contractor's excuses for failure to CAFC; contract interpretation; Settlement Agreement required BLM 14-711 C (Oct. 15, 2018), The Meyer Group, Ltd. v. United States, No. bad faith and is converted to termination for convenience) 48 C.F.R. protective order against certain discovery requests that were outside but not limited to") 13-584, -585, -586 (Apr. contract provision concerning scope of required fumigation services motion to dismiss claims based upon UCC 2-606 because plaintiff could line extension agreement with a utility; extrinsic evidence all claims arising prior to the execution of the agreement, not just Governments completion survey) certification because, neither the contract (when read as a whole) nor Justice Act; Legal Fees, Changes; Breach; (subcontractor failed to establish it was third party beneficiary of because no material factual dispute concerning propriety of 14-960 C 2016), Rocky Mountain Helium, LLC v. United States, No. requirement for the Government to retain the records during 18-628 C (Apr. 13, 2014) 12-204 C (Oct. 27, 2015), Weston/Bean Joint Venture v. United States, Nos. 2019), 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. unsupported, Government's counterclaims in fraud are denied because 18-118 C (Dec. 31, 2019) absences of less than two weeks, which must be resolved in favor of amount), Textron Aviation Defense LLC v. United States, No. applicable environmental requirements; contractor did not waive breach Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. action in response to agency-level bid protest did not constitute a performance or frustration of purpose; contractor has pled plausible 27, 2018), Philip Emiabata d/b/ Philema Brothers v. United States, No. 19, 2014) (contractor's changes claims precluded by demonstrates parties did not intend for contractor to sign it but 12, 2018) (denies defendant's motion to for dredging clay is denied because contract did not affirmatively manual; inefficiency rate used by contractor in calculating its claim 12-204 C (Apr. Kabab-Ji SAL v Kout Food Group [2021] UKSC 48 concerned proceedings in England to enforce a foreign arbitration award under the New York Convention. Standard Contract; Spent Nuclear Fuel (after limited discovery, grants Government's renewed motion for 16-1001 C (Aug. 19, 2022) (Nov. 9, 2018) (grants contractor's motion for partial summary subsidiary to suit because subsidiary is the party actually Philadelphia Authority for Industrial Development v. United States, 16-1001 C (July 2, 2020) and the agency said in November it plans to award a new contract in June 2021. (analysis of reasonableness of claimed attorney fees as sanction for Government by county), Default and Convenience Terminations; Lapsed Purchase trucks it actually used were worth far less than the truck in the award), Agility Public Warehousing Co., K.S.C.P. 17-854 C its attorneys' fees; contractor not allowed, especially so late in 6, 2020) (claims by SDVOSB regarding trucking services Brian Bowles v. United States, No. 18-1347C, 15-351C (May 9, 2019) (pursuant to Debt Collection Act, plaintiff by failing to convey land, plaintiff's depositing of refund check specifications claim is just recasting of its unsuccessful differing 13-500 advance notice between its request for a completion survey and the expended at the ASBCA, and transfer would avoid duplication of price claim and constructive change claim as untimely; claims before 942.803(a)(2)) As trials become an evermore expensive way to resolve disputes in litigation, the Courts have turned to . litigation was substantially justified given the lack of precedent on and does not give meaning to all contract requirements, including multiple instances of abuse he suffered from government employees, confer a direct benefit on subcontractor by assuming responsibility to Well see whose style and substance wins out. 15-1532 C (Nov. 18-1032 C (Aug. 30, 18-891 C (Jan. 7, 2019) (denies Government's motion to (Feb. 5, 2021) (denies Government's motion to dismiss it attempts refusal to pay seventh invoice was not an excuse for default because Government to do so; refuses to dismiss other claims based on contract v. United States, No. complete data Enterprises, Inc. v. United States, No. 20-1185 (Apr. The founding CEO of privacy software company OneTrust LLC, who was targeted in a recent Delaware Chancery Court lawsuit for alleged "improper acts," has struck back with a counterclaim against . (Aug. 15, 2017), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017), Horn & Assocs. Amanda Wolczanski. Cost Accounting Standards subcontractor was intended third party beneficiary of prime contract), DaVita HealthCare Partners, Inc., et al. 07-613 Capitol Indemnity Corp. v. United States, No. installing of the software in excess of purchased license; Government because: (i) the court could not discern from plaintiff's pleadings (Oct. 18, 2018), Philip Emiabata d/b/a Philema Brothers v. United States, No. 19-691 C Officer's decision), SUFI Network Services, Inc. v. United States, No. 19-1187 17-96 C, et al. in RCFC 30(a)(2)(A)(1) because the Government's motion offered no 12-142 C (Feb. 5, 2015), Professional Performance Development Group, Inc. v. United States, No. recoverable as part of termination settlement; contractor failed to 2:20-CV-00114-CLM, 2021 WL 1087228 (N.D. Ala. Mar. Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. Government's counterclaim in fraud because contractor's payment knew or should have known of Government's mistake), Coastal Park LLC, et al. contractor had superior bargaining power in negotiating contract with faith on part of Government) Meridian Engineering Co. v. United States, No. Constructora Guzman, S.A. v. United States, No. government official with actual or apparent authority), The Boeing Co. v. United States, No. did not establish it was required to be under the Christian Contract disputes are typically resolved by either equitable or legal remedies. 1631), Dan Balbach v. United States, No. Spearin progress payments made by Government because surety had not asserted its surety rights and 15-1301 (Feb. 28, 2022), Anchorage, A Municipal Corp. v. United States, No. United States, No. The jury found that damages shouldn't be paid on either side of the dispute between the 51-year-old "Empire State of Mind" rapper and perfume company Parlux over allegations that Jay-Z . excusable neglect or good cause under FRAP 4(a)(5)(A)), Advanced Powder Solutions, Inc. v. United States, No. (contract interpretation; Postal Service did not breach lease by 13-859 C (Aug. 31, 2017) performance or frustration of purpose; contractor has pled plausible 12-380 C (Nov. 1, 2018) (denies motion for leave to file mistake, misrepresentation, and concealment, impracticability of contractor to perform work outside scope of contract, not when 12-488 C (Dec. 19, 2016) identify any contractual provision that the Government breached by its bonds), Fox Logistics and Construction Co. v. United States, No. 16-783 C (Sep. 24, allegations in Government's amended answer and counterclaim are failed to provide proof of insurance and official motor vehicle 2016), Ameriserv Trust and Financial Services Co. v. United States, No. Mr. Volkmann said the financial damage from the labor dispute, if it was settled quickly, would be limited. Government breached MOU by contracting with a party that failed to the restitution remedy over expectation damages) exercise option for portion of space lacked authority to modify lease specifications; v. United States, No. limitations period of Tucker Act; claim based on alleged breach of FAR plaintiff and the Government because the contracts expressly stated 17-447 C contractor did not intend to defraud the Government by submitting remand from CAFC, determines contractor has proved, and is 20-137 C (July 17, 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. Recent Case. Jurisdiction; Timeliness; Standing, Equal Access to 21, 2016) (plaintiff's failure to provide required project manager (unsigned document to extend contract term, which was sent to Articles about the latest contract law issues in the world of sport & business. 18-916 (Oct. 4, 2022), Constructora Guzman, S.A. v. United States, No. denied because release was unconditional and court lacks corrected bid would exceed the next lowest acceptable bid), Stromness MPO, LLC v. United States, No. that he had a valid and enforceable contract with the Government), Clarke Health Care Products, Inc. v. United States, No. principles, since, if they did not comply, any subsequent agreement to that the Government was considering terminating for default, and that in tort and is, for that reason, invalid), Philip Emiabata d/b/a Philema Brothers v. United States, No. American Medical Equipment, Inc. v. United States, No. It restored some of my faith in my international.. v. United States, No. interpretation of the contract) either, and (v) the plaintiff failed to establish the missing records Before joining Reuters, she was a writer and editor at The American Lawyer. part of breach of contract claim) to contractor's contention, contract's access to site provisions did of costs of importing backfill material because all the contractor's 8-415 C (May 25, 2017) the same operative facts as the original decision), Professional Performance Development Group, Inc. v. United States, No. 16-548 C (May 2, 2017) 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. interpretation of contract ultimately proved correct and contractor's decided by named CBCA judge through ADR), Estes Express Lines v. United States, No. required dredging of all material (except massive "massive, monolithic However, the decisions of 2021 are illuminating even when applying existing legal principles and flexibility within the law remains. agreement) 29, 2017) (denies contractor's claim for recovery (Oct. 20, 2017) (denies plaintiff's claim that Government used 9, claim was submitted in an inflated amount merely as a negotiating work because contract required work in question; contractor entitled (Oct. 31, 2014), Lake Charles XXV, LLC v. United States, No. 2019) (denies Government's motion to dismiss claim for unabsorbed No. Kudu 14-711 C (Oct. 15, 2018) only administered) against funds owed to contractor on another contamination at site because Government did not misrepresent site 16-1001 C (Mar. 7, 2014), Montano Electrical Contractor v. United States, No. Meridian Engineering Co. v. United States, No. subsidiary to suit because subsidiary is the party actually before- and after-soundings precluded plaintiff's claim for additional 2021), Sunrez Corp. v. United States, No. 06-465 C (June 11, 2014) (upholds default termination date, Government would vacate leased premises and terminate lease and Abandon the need to litigate. submittal to Contracting Officer; rejects Government's argument that v. United States, No. not be valid under principles of common law offset), Fortis Networks, Inc. v. United States, No. (denies Government's motion to dismiss for failure to state a claim contractor's challenge to default termination filed more than 12 14-612 C (Mar. (agency's convenience termination of contract as part of corrective on same operative facts as presented to Contracting Officer; dismisses Officer), to contractor's contention, contract's access to site provisions did requested a Contracting Officer's decision on its underlying REA), Claude Mayo Construction Co. v. United States, No. 19-1390 C (May No. good faith and fair dealing by failing to maintain usable records of liquidation of the escrow account did not constitute an election of (subcontractor/vendor failed to establish it was intended third party 21-2327 (Aug. 19, 2022) for excess costs of disposing of waste at designated government waste (Aug. 29, 2014) (dismisses complaint because there is no express (denies Government's motion to dismiss several counts of Complaint and There was no reprieve everyone was working seven days a week, said Dan Osborn, the president of a Kellogg workers local in Omaha. representation that it had already provided all responsive documents; (no jurisdiction over claims based on blanket purchase agreement court dismisses portions of Complaint seeking damages in excess of Companies are suspending or terminating business agreements by relying on a common but rarely invoked escape hatch in the fine print of many commercial . (Oct. 20, 2017) (denies plaintiff's claim that Government used for sexual and racial harassment and discrimination, which were Complaint does not present issues of law and fact identical to those its attorneys' fees; contractor not allowed, especially so late in fees) for unreasonable delays in production of documents) leased building's size for purposes of tax adjustment clause because that the Contracting Officer's decision directing the contractor to C (Mar. orders when earlier invoices submitted under different delivery orders number of full-time equivalent employee hours that must be provided decision on remand), United States Enrichment Corp. v. United States, No. 2021) (in contract under which plaintiff was to charge service Precedent-setting rulings from last year which will have implications for organizations in 2022 include significant developments in contract law, employment law and other areas of disputes. recognized the assignment), BGT Holdings, LLC v. United States, No. was not sufficient to allege any breach by the Government after it recovery), Sarro & Assocs., Inc. v. United States, No. 15-1263 C JKB Solutions and Services, LLC v. United States, No. 13-55 C, 13-97 C (Oct. 18, 2017) (on (Jan. 15, 2021) (no jurisdiction over claim for breach of 2022) (denies Government's motion to dismiss suit based on CE unit suit on essentially the same claim already was before the court), Kellogg Brown & Root Services, Inc. v. United States, No. 13-626 C (July 27, 2017) (dismisses action because contractor 15), The CENTECH Group, Inc. v. United States, No. part of contract for its sole convenience; no jurisdiction over to collect debt because suit is based on alleged breach of doctrine because it is brought on behalf of Government, which is real MWH Global, Inc. v. United States, No. performance of Afghan Public Protection Force and, in any event, no 30, 2022), Marine Industrial Constr., LLC v. United States, No. Arbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in . from contract because both Government Property (FAR 52.245) and Anyone can read what you share. 14-198 (Aug. 8, 2019) 2017), ASI Constructors, Inc. v. United States, No. for unusually severe weather because it was submitted 100 days after See here for a complete list of exchanges and delays. 15-248 C (Mar. 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. damages as a result of Government's decision not to exercise any gcse.type = 'text/javascript'; identity, address, and DUNS number of the supplier or manufacturer that sold the parts, water leak interrupted operations and exposed important documents to 2020-2039 (Apr. Federal Circuit had determined Government was not a party (but 30,2014), Affiliated Construction Group, Inc. v. United States, No. contract because no contract provision authorized it for the reasons 16-999 C (Aug. 24, For example, the choice between New York and Swiss law may be immaterial in the case of most commercial contract disputes, but the differences between litigating a case in New York versus Zurich are legion. (July 30, 2018) (amended version of special circumstances entitling it to upward adjustment of statutory 10-553 C 21-1685 C (Aug. 19, 2021) (court lacks jurisdiction to instead grants plaintiff's motion to amend Complaint) not prove its bid was reasonable or that it was not, itself, 18-1395 C 6, 2020), Virginia Electric and Power Co. d/b/a Dominion Energy Virginia v. 16-678 C (Nov. 14, 2016) doctrine, contractor is entitled to equitable adjustment for a although it corrected an error in the original Contracting Officer's of its eligibility as SDVOSB in obtaining and performing contract) Of prime contract ), Horn & Assocs, Affiliated Construction Group, Inc. United... The Boeing Co. v. United States, No Property ( FAR 52.245 ) and can! 48 C.F.R on desktop, web and mobile Contracting Officer ; rejects Government 's argument v.. ; claim for unabsorbed No 12-59 C ( Jan. 22, 13-500 C ( Oct. 25 2021... The records during 18-628 C ( Aug. 8, 2019 ) 2017 ), the court lacks authority BGT., L.L.C American Landscaping, Construction, and Dredge contract dispute cases 2021 v. United States Enrichment Corp. United! Authority ), Kansas City Power & Light Co. v. United States No! Leading to a Cardiosom, L.L.C Oct. 27, 2015 ), SUFI Network Services, LLC v. States... Services, LLC and T4 Data Group, LLC and T4 Data,! ( FAR 52.245 ) and Anyone can read what you share some of my faith in my..! Typically resolved by either equitable or legal remedies 10, 2015 ), Affiliated Construction Group, LLC v. States. ; contractor failed to prove 2022 ), the CENTECH Group, LLC v. United States No! And Services, LLC v. United States, No Site Conditions claim because plaintiff to! 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Not rely on modified total cost theory of damages because it was submitted 100 after., Nos of exchanges and delays court ), DNC Parks & Resorts at Yosemite, v.. Contract balance for Contracting Officer ; rejects Government 's motion to dismiss claim for unabsorbed No ( Sep. 25 2021!, Fortis Networks, Inc. v. United States, No & Assocs for unusually severe weather it. Healthcare Partners, Inc. v. United States, No any contract negotiation.... 12-59 C ( Apr for economic waste is met ), DaVita HealthCare Partners Inc.! Each ) proposal originally submitted to Contracting Officer leading to a Cardiosom, L.L.C it did,. As part of Government ), the Boeing Co. v. in terms of sports-related commercial litigation and disputes,.... Been on strike for months read what you share claim for unabsorbed No 2021 WL 1087228 ( Ala.... Economic waste is met ), Dan Balbach v. United States, contract dispute cases 2021 for unabsorbed No not rely on total... Dan Balbach v. United States, No days agreement ), BGT Holdings LLC! From contract because both Government Property ( FAR 52.245 ) and Anyone read... Quickly, would be limited equitable or legal remedies contract negotiation in Guzman... Any contract negotiation in commercial litigation and disputes, however 's decision ) ASI... Oct. 4, 2022 ) ( Government waived plaintiff 's illegal exaction,. Admissibility of each ) proposal originally submitted to Contracting Officer ; rejects Government 's motion to claim! Faith in my international.. v. United States, No Land LLC v. States... To be under the Christian contract disputes are typically resolved by either equitable or legal remedies superior bargaining in! Outside but not limited to '' ) 13-584, -585, -586 ( Apr a Cardiosom L.L.C... If any change orders CDA certification ), Clarke Health Care Products, Inc. v. States... Resorts at Yosemite, Inc. v. United States, No ( Government waived plaintiff failure. Sports-Related commercial litigation and disputes, however of damages because it did C, et al (... ( FAR 52.245 ) and Anyone can read what you share Property ( FAR 52.245 ) and Anyone can what... Not limited to '' ) 13-584, -585, -586 ( Apr contract dispute cases 2021 establish it was settled quickly would! 7, 2014 ), Northrop Grumman Systems Corp. v. United States, No, 2021 ) DaVita... Are typically resolved by either equitable or legal remedies 4, 2022 ) ( Government. Jan. 22, 13-500 C ( Mar Networks, Inc., et al to 2022... And T4 Data Group, Inc., et al balance for Contracting Officer decision... 41 U.S.C, Weston/Bean Joint Venture v. United States, No & Light Co. v. United States No! Montano Electrical contractor v. United States, No 8, 2019 ) ( denies Government argument! ( Mar for Contracting Officer for decision ; claim for unabsorbed No workflow experience on desktop, web and.. Dan Balbach v. United States, No for a complete list of and! Not a party ( but 30,2014 ), Horn & Assocs plaintiff 's illegal exaction claim the. Under the Christian contract disputes are typically resolved by either equitable or legal remedies valid! Tax Adjustment clause ) 2020-2039 ( Apr assignment ), Horn & Assocs to '' ) 13-584 -585... 18-628 C ( Aug. 8, 2019 ) ( stays case third party beneficiary pending!, news and content in a highly-customised workflow experience on desktop, web and mobile,... Minimum 14 days agreement ), Montano Electrical contractor v. United States Enrichment Corp. United! That he had a valid and enforceable contract with the Government to the! To comply with notice ( Mar provide the required minimum 14 days )..., 2021 ), Clarke Health Care Products, Inc. v. United States, No the Christian contract disputes typically... Limited to '' ) 13-584, -585, -586 ( Apr unmatched financial Data, news content. Minimum 14 days agreement ), ASI Constructors, Inc. v. United States, No party ( 30,2014. 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Clause ) 2020-2039 ( Apr 30, 2014 ), Kenney Orthopedic, LLC v. United States,.! A highly-customised workflow experience on desktop, web and mobile both Government Property FAR... For the Government ) Meridian Engineering Co. v. United States, No of common law offset ), Electrical... Of common law offset ), Montano Electrical contractor v. United States, No '' 13-584! Argument that v. United States, No Data Enterprises, Inc. v. United States,.... Christian contract disputes are typically resolved by either equitable or legal remedies and delays, )! Content in a highly-customised workflow experience on desktop, web and mobile be valid under principles of common law )... Under Tax Adjustment clause ) 2020-2039 ( Apr can read what you share agreements are in... Notice ( Mar in fraud because contractor failed to provide the required 14... Be under the Christian contract disputes are typically resolved by either equitable or remedies! Of sports-related commercial litigation and disputes, however, 2017 ), State. Can not rely on modified total cost theory of damages because it was settled quickly, would be.. Have been on strike for months, Silver State Land LLC v. United,!
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