Ruling may make procedural actions a matter of 'routine'; the unanimous en banc 'Reflectone' decision resolved a jurisdictional issue but might spur suits over 'routineness' of contractor claims
Article Abstract:
A recent Federal Circuit Court en banc opinion cleared up a jurisdictional problem that flooded the government contract dispute process, but may have created a new issue. In 1991, in Dawco Construction v United States, the court ruled that under Federal Acquisition Reg 33.201, it had no jurisdiction because routine, undisputed payments are not claims. In Reflectone v Dalton, however, the Court reversed Dawco. However, in doing so it defined 'routine' in a problematic way that could create more jurisdictional litigation.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Back to the legal future: environmental claims come full circle as plaintiffs return to the common law for relief
Article Abstract:
Plaintiffs in environmental cases are realizing that the statutory tools such as CERCLA so popular during the 1980s have become too expensive and burdensome and are turning, in the 1990s, to common-law remedies for environmental wrongs. California is one jurisdiction which has expanded trespass and nuisance actions to include actions brought by subsequent against prior landowners. In this and other jurisdictions environmental litigation has returned to the common law.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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