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.

Public contracts, Government contracts

---

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.

Usage, Environmental law, Common law

---

Similar abstracts:

• Abstracts: Conspiracy jurisdiction issue may go to high court; jurisdiction over parties based on acts of their conspirators raises due process concerns
• Abstracts: Local pesticide regulation. Regulating the internal labor market: an information-forcing approach to decision bargaining over partial relocations
• Abstracts: AMA advises physicians to screen for signs of abuse. Treatment decisions for terminally ill patients: physicians' legal defensiveness and knowledge of medical law
• Abstracts: Local government law - affordable housing - refining municipal obligations under Mount Laurel, the New Jersey Supreme Court hints at a new conception of regional responsibility
• Abstracts: Natural justice and commercial arbitration. CEOs, boards battle over severance; Sunbeam, Lilco face fallout from compensation deals

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.