Case Updates
Cert. petition denied
March 19, 2007
U.S. Chamber files amicus brief challenging remedial rule for breach of government contracts
February 17, 2007
Urging the Supreme Court to grant review, NCLC filed a brief challenging the Federal Circuit’s decision to apply a special remedial rule when the government breaches a contract with a private party. In recent years, the Supreme Court has reaffirmed that, when the government enters into contracts, the government must abide by the same law of contracts as do private parties. In this case, the government and the Federal Circuit have relied on a nineteenth century election of remedies theory that has been discarded by courts in the private context.