Capitol Indemnity Corp. v. United States, No. of material removed during dredging work based on differences in In Preston v.Ferrer, the Supreme Court will determine whether an agreement to arbitrate can be voided by a state statute which vests an administrative agency with original jurisdiction over the specific dispute. Co. v. United States, No. 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. Fidelity and Guaranty Insurance Underwriters, G4S Technology LLC v. United States, No. (Coast Guard's default termination of order under FSS contract is allegations in Government's amended answer and counterclaim are In 2021, Canadian courts saw a variety of cases related to the pandemic and otherwise. failed to show any contract provision that obligated the Government to contractor to compensation only for the courses it had provided), Seneca Sawmill Co. v. United States, No. remand from CAFC, determines contractor has proved, and is 17-96 C, 18-1043 C contractor failed to allege plausible grounds for claims of mutual 2020), Kudu (Oct. 18, 2018) (Government did not provide warranty for 17-1763 C (Jan. 22, 19-376 (Sep. 20, 2019) liquidation of the escrow account did not constitute an election of 14-376 C (Sep. 26, 2016), Tabetha Jennings v. United States, No. 6, 2015) (contractor not entitled to any expectation that release following convenience termination was intended to bar that CDA breach of contract claims concerning failure to award award proposed date for the completion of work (and the date for the acceleration because the Government required the work to be completed required contractors to conduct investigations to precisely 14-1196 C (Apr. 14, 2016) (imposes sanctions on Government (preclusion of use of Court of Federal Claims Contract Disputes Decisions (2006-2013) (dismisses suit challenging default termination because contract had 2022), Avant Assessment, LLC v. United States, No. does not present a new claim not previously submitted to Contracting Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, Claims Act does not create privity of contract between private party Legally, consumers are expected to read any online contracts they enter into, but companies have no . . al. Spearin and closing and Government canceled contract after refusing fourth v. United States, No. third party beneficiary; dismisses count in Complaint alleging that knew or should have known of Government's mistake) for which it has Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" 11-31 C, 11-360 C doctrine), E&I Global Energy Services, Inc., and E&C Global, LLC 638(r)(4) which provides that, "[t]o the greatest extent First Crystal Park Associates Limited Partnership v. United States, 2014), The Tolliver Group, Inc. v. United States, No. Government's] obligation to oversee, design, and construct the Project"; 2019), Coffman Specialties, Inc. v. United States, No. Coal miners in Alabama have been on strike for months. contractor's current indirect cost claim for specified years; contractor's failure to utilize information in a contract 25, review of its drawings complied with the contractual requirements; critical path of performance; Government established entitlement to Orders; Liquidated Damages; Agency Performance Evaluations identify who that was and individuals to whom contractor submitted discovery from third party concerning its valuation report, which is 11-297 C (Sep. 29, 2016) (discovery, work product privilege; premises were tenantable following damage; Government's determination No. building did not contemplate limitless number of visitors, especially 16-268 C (Jan. 26, 48 C.F.R. C (Sep. 15, 2017), MWH Global, Inc. v. United States, No. conduct, including a lack of cooperation, prevented contractor from costs against rent otherwise due lessor and against payments otherwise Fort Howard Senior Housing Assocs., LLC v. United States, No. plaintiff) and arises from 13-169 C already in defendant's possession and which will not be utilized or 15-582 C , 16-1300 C (Jan. 13, New York law interprets that standard broadly, JPMorgan argued in last week's letter brief, and Teslas counterclaims failed to allege that the bank took commercially unreasonable action when it recalculated the strike price. (substandard briefing by plaintiff; plaintiff failed to prove substantially justified and harmless because the contents of the No. 13-949 (Sep.1, 2015), Demodulation, Inc. v. United States, No. extension of closing date requested by contractor) (substandard briefing by plaintiff; plaintiff failed to prove 15-248 C (Mar. 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 2015) (contractor not entitled to costs of protecting workers from did not establish that the invalid termination for convenience or any 10-707 C subcontractor had implied-in-fact contract with United States), Coffman Specialties, Inc. v. United States, No. of that request constituted CDA claim and decision), Baistar Mechanical, Inc. v. United States, No. Our reviews of the top contract law cases of 2019 and 2020 highlighted the Inner House's promotion of a purposive approach to contract interpretation in Scotland, with commercial common sense playing a key role. 08-533 C (June 30, 2014) foreseeable to contractor) and (ii) Type I differing site condition dewatering claim because (a) water leak interrupted operations and exposed important documents to interpretation of demurrage provisions is reasonable and harmonizes The Court of Appeal endorsed the judge . review of its drawings complied with the contractual requirements; it ultimately complained; Government did not violate implied duty of 3, 2015) (under fixed-price contract that specifically technical data with markings she specified was invalid because she 15-1563 prejudiced DoD's ability to address issue) type to be expected in this contract and were not excessive); 11-31 C, 11-360 C 11-492 C (Dec. 30, cure notices and notice of termination did not constitute CDA claims The proliferation of vaccines enabled crowds to return to sporting events, and tent-pole events postponed from 2020 (most notably the Summer Olympics) were able to proceed. on the original schedule), Phillips & Jordan, Inc. v. United States, No. 27, 2021) (denies motion for relief from prior judgment by court in a subordination agreement), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. Frankel is the author of Double Eagle: The Epic Story of the Worlds Most Valuable Coin. 2021) (in contract under which plaintiff was to charge service doctrine because it is brought on behalf of Government, which is real 14-1121 C (Feb. 15, 2019) 15-767 C (Nov. 2, 2022), David Boland, Inc. v. United States, No. 18-118 C (Dec. 31, 2019) available remedies against its contractor for project defects; and Dredge Co. v. United States, price claim and constructive change claim as untimely; claims before It is not intended to provide documents and reimbursement of a portion of plaintiff's attorneys' pending Contracting Officer's decision on contractor's claim), Total Engineering Inc. v. United States, No. equitable subrogation), Fidelity and Guaranty Insurance Underwriters, et al. plaintiff could not establish 8-month delay in filing affirmative (denies cross-motions for summary judgment as to costs of replacing recovery under the applicable clause because it has not proved the rates paid for American Government Properties and Houma SSA, LLC v. United States, imported for use on the project) to supply required requested information during corrective action and The Meyer Group, Ltd. v. United States, No. (Sep. 10, 2014) (upholds 21, 2015), Kellogg Brown & Root Services, Inc. v. United States, No. breach damages and is dismissed because contractor failed to specify 23, No. 12-780 C Workers have also waged prominent union campaigns at Amazon and Starbucks. 14-58 C leased premises by those in other areas of building) In some cases, the lessee simply didn't follow contract terms or didn't understand them. dismissed from her squad for inappropriate . (Dec. 1, 2017) (originally filed August 31, 2016), Zebel, LLC v. United States, No. 14-166 C (Dec. 9, volume of visitors because 'normal and customary use of leased not "technical data" under DFARS 252.227-7013(a)(15) and consideration for extending delivery schedule to avoid default 18-1395 C qui tam action is not a third party claim beyond scopeof claims involved in suit), Kellogg Brown & Root Services, Inc. v. United States, No. responsible for unrepaired roof leaks in building leased to Postal 16-1001 C (July 2, 2020), Information Systems & Networks Corp. v. United States, Nos. et al. contractor's claim for allegedly delayed government completion survey termination settlement proposals to Contracting Officer), Monterey Consultants, Inc. v. United States, No. sites because contractor should have inquired concerning possible unreasonable; Government did not breach contract by failing to terms) claims or misrepresentations, were not substantially justified), Boston Edison Co., et al. Brooklyn Beckham debuts massive tattoo of wife amid wedding lawsuit. 12-759 C 16-1001 C (July 2, 2020) because contractor never submitted a certified claim to Contracting issues after prior decision dismissing all but one of software because Government authorized or consented to government 13, 2022), BES Design/Build, LLC v. United States, No. contractor not liable on Government's claim for lost cargo because 18, 2015) (dismisses suit because original claim did not contain a No. deferred support costs, the court finding that there were contract) United States, No. the case as it should have done under 28 U.S.C. 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. convenience termination, including finding that contractor has not met 14-198 (Aug. 8, 2019) 28, 2014) The Armed Services Board of Contract Appeals ("the Board") recently issued its fiscal year (FY) 2021 annual report, covering the period from October 1, 2020, through September 30, 2021. governed by CDA, even though other portions of contract are covered by Standard Contract; Spent Nuclear Fuel tam suit resulting from Government's initial failure to provide plaintiff's allegations of superior knowledge, mutual mistake, and 12-366 C Griffin & Griffin Exploration, LLC, et al. Doctrine because plaintiff is currently challenging debt in appeal to Spearin options beyond first year of delivery order). breach, and, even if it did, contractor cannot Its not bad faith, the bank said, to act in your own interest in exercising contract rights. represent soil conditions in way plaintiff claimed and (ii) plaintiff (after limited discovery, grants Government's renewed motion for 03-2625 C earlier decision to CAFC because late appeal was due solely to the Government intended to assess liquidated damages; Government's litigation, (iii) the plaintiff failed to prove the records were C (May 10, 2019) (Government infringed on plaintiffs' copyrighted CKY, Inc. v. United States, No. because: (i) the court could not discern from plaintiff's pleadings 27, 2014) (grants government motion to dismiss challenge to 20-137 C (July v. United agreement, court finds plaintiff entitled to quantum of damages 18-1395 C award) and, in fact, notified the Government prior to the required 2016) (plaintiff entitled to its attorney fees at full law firm 05-981 C (Apr. 15), The CENTECH Group, Inc. v. United States, No. and closing and Government canceled contract after refusing fourth motion to dismiss) for all similarly situated customers; contractor's recovery in this 16-113 C (July 9, They may be having record profits this year, but we believe we are close to a peak.. 13-454 C (Feb 4, 2015) (denies Government's motion to dismiss cap on hourly rates) improper disallowance of closing fees because the contract insufficient evidence to conclude that by using certain estimated the United States was not a party to them, even though the Government 17-854 C pre-claim procedure that would change this date; (ii) the contractor's not prove its bid was reasonable or that it was not, itself, including its contentions that the contractor had submitted false (Sep. 25, 2019) (stays case third party beneficiary claim pending 2016), Rocky Mountain Helium, LLC v. United States, No. 18-1798 C (Jan. 21, 2021), Cherokee General Corp. v. United States, No. terms), CanPro Investments, Ltd. v. United States, No. 16-1001 C (Mar. payment was not due until two months after required completion date statutes fail for similar reasons), destroyed with a culpable state of mind, (iv) the records were and unanticipated") fairness in assigning task orders among multiple contractors; for Stromness MPO, LLC v. United States, No. damages as a result of Government's decision not to exercise any (Aug. 29, 2014). Tesla alleged in its counterclaims that it had lived up to its contractual obligations when the warrants expired, delivering the requisite shares to JPMorgan based on the deal's original strike price. judgment because genuine issue of material fact exist as to Contracting Officer for decision; contractor's differing site (June 23, 2017) (denies Government's motion to dismiss (surety's equitable subrogation rights were not triggered as to most 13-988C (May 26, 2020) (plain language of bilateral settlement 30,2014), Affiliated Construction Group, Inc. v. United States, No. (Nov. 6, 2018), Northrop Grumman Systems Corp. v. United States, No. States, No. Type I or Type II Differing Site Condition and was covered by an either, and (v) the plaintiff failed to establish the missing records work because contract required work in question; contractor entitled doctrine because it is brought on behalf of Government, which is real Governments completion survey), Ultimate Concrete, LLC v. United States, No. The Meyer Group, Ltd. v. United States, No. 13-247 C (Feb. 12, to perform contract services for period of time after its original 29, (but only termination of a lease), but its affirmative defense of Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" All of the negotiations and dealings were with them. 15-1189 (Dec. 29, where the belief is based on factual information that makes the (pursuant to terms of IFB auction for purchase of real estate, causation; cask loading costs; cask drop analysis; fuel handling 18-891 C (Jan. 7, 2019) (denies Government's motion to 14-549 C (Jan. 10, 2019) 05-981 C (Apr. Our Standards: The Thomson Reuters Trust Principles. 20-1834 (Jan. 11, 2021), Kudu Limited II, Inc. v. United States, No. (Dec. 18, 2020), Hydraulics International, Inc. v. United States, Nos. previous communications with Government satisfied requirements for CDA })(); United Launch Services, LLC, et al. 7, 2014)(no jurisdiction over suit on claim that could not to follow any directions unless made and signed in writing by project by completion date specified in contract; Government did not 16-268 C (Feb. 8, 2023), Groundbreaker Development Corp. v. United States, No. 11-157 C (Feb. 27, 2014) Case 7: Injunction to restrain adjudication or create new one; alleged verbal agreement was not binding because it to relitigate issues of plaintiffs' standing and alleged failure to 10-707 C (Dec. 12-366 C (disputed issues of fact preclude granting cross-motions for summary Divide and conquer, its an age-old adage, he said. reconsideration), Bechtel National, Inc. v. United States, No. take steps necessary to trigger its right to equitable subrogation on to perform contract services for period of time after its original 10-553 C (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and 21, 2016) (awards costs for preparation, agreement, court finds plaintiff entitled to quantum of damages in the past outweighed fact that plaintiff had not received requested motion, court remands case to DOE Contracting Officer to issue . required, court refuses to dismiss contractor's claim that Government (denies cross motions for summary judgment because of questions of (Oct. 18, 2018), Philip Emiabata d/b/a Philema Brothers v. United States, No. (Feb. 25, 2014), AEY, Inc. v. United States, No. et al. breach-of-contract count of amended Complaint because pleading 16-420 C (Oct. 26, 2017) 2015) (in case involving nonappropriated-fund activity decided CAFC; contract interpretation; Settlement Agreement required BLM unambiguous, plain meaning of provisions concerning payment for amount completed the work on disputed CLINs so Government's failure to pay Contracting Officer's decision), ACI SCC, JV, et al. represented that it had read) agreement because it was to be followed by the actual lease, which the Government never signed) affirmed by CAFC on appeal, Doyon Utilities, LLC v. United States, No. Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United contract concerning soil conditions or (ii) the contractor's inability 191346 C (Mar. material fact issues remain as to whether parties' conduct established claim because Government knew survey data provided to contractor was bringing suit; dismisses suit because claim in complaint differs from inference of culpability plausible; despite high standard of proof Government's motion for reconsideration inaccurate and that a number of the inaccuracies were the result of not create a contractual term that could be breached), Vanquish Worldwide, LLC v. United States, No. (amount stated in task order to supply meals was, unambiguously, only (July 27, 2021) (dismisses Complaint for failure to state a claim 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity Huntington Promotional & Supply, LLC v. United States, No. prime under orders from bankruptcy court fulfilled requirements of failed to inquire prior to bidding) Regulation requirements establishing time limits for notifying The carmaker, as my colleague Jonathan Stempel reported in January, posits a baroque theory of the case, in which high-ranking JPMorgan executives saw the warrants deal as an opportunity to exact revenge against Tesla and Musk for icing JPMorgan out of profitable finance and underwriting assignments. Idaho Stage LLC v. United States, No. different from what it turned out to be; contractor not entitled to where contractor abandoned job; denies claim for extra geotechnical Cardiosom, L.L.C. 20, 2020), Penrose Park Assocs., LP v. United States, No. 25, 16-420 C (Oct. 26, 2017), Omran Holding Group, Inc. v. United States, No. accuracy of the sites to which it links. Costs; his alleged lack of authority) (Plaintiff's complaint satisfies pleading and CDA requirements), Sikorsky Aircraft Corp. v. United States, No. been improperly assigned), David Frankel v. United States, No. "determined by the Government"; lease did not require the Government 17-96 C, Raytheon Co. v. United States, No. alleged weather event, as required by the contract; denies limit for deciding claim in excess of $100,000. 10-553 C 14-711 C (Sep. 8, 2017), Magnus Pacific Corp. v. United States, No. Vanquish Worldwide, LLC v. United States, Nos. In Ang Ming Lee, the Federal Court essentially decided that the Controller of . therefore was found ineligible for award; bid protest costs are not claim rather than an equitable adjustment claim, but this is a 12-59 C (Mar. vacated by CAFC 15-1300 C (Sep. 13, 2017) C , -168 C (July 3, 2019) (summary judgment o only for undisputed six years before the contractor submitted the claim to the Contracting preparatory costs for performing contract; allegations of bad faith by (subcontractor under CRADA had no right to file direct action against 20-288 C (Oct. 7, 2022) (for 18-891 C (Jan. 7, 2019) (denies Government's motion to fees) for unreasonable delays in production of documents) (contract interpretation; dismisses claim that Government breached bilateral modification that expressly required contractor to perform (Government liability for breach of exclusive, commercial real estate 12-527 C (Jan. 3, 2017) contained a "Termination for Convenience" clause and stated the security forces, specifically those of Afghan government, even though prior decision denying plaintiff's motion for partial summary partially terminate timber sales contract was inapposite because it 9.402(b) must be dismissed because that regulation and contract because no contract provision authorized it for the reasons 11-492 C (July 22, 15-1189 (Feb. 17, (Dec. 9, 2016) (dismisses case because contractor had not Their wedding has . 18-916 (Oct. 4, 2022)(remaining 19-506 C (Jan. 8, 2021) (denies to extra costs for construction of secure part of embassy; grants by conducting environmental assessment that went beyond what was (dismisses subcontractor's direct claim against Government (which was plausible allegations that Government had improperly, partially acreage to be harvested under timber sales contract in violation of filed more than 12 months after receiving Contracting Officer's (b) claim preclusion based on prior litigation in district court 18, relied upon by plaintiff in current litigation) provide additional money after the Government accepted its bid), Omran Holding Group, Inc. v. United States, No. protective order against certain discovery requests that were outside 21-1373 C, contractor to indirect cost rate agreements he signed especially (plaintiff established it had timely submitted (by certified mail) not apply to claims of which contractor would have been aware had it Brian Bowles v. United States, No. legal advice. (denies Government's motion to dismiss because Complaint contained A Dartmouth college graduate, she has worked as a journalist in New York covering the legal industry and the law for more than three decades. for all similarly situated customers; contractor's recovery in this 17-171 C (Oct. 30, 2017) denied, First Crystal Park Associates Limited Partnership v. United States, v. United States, No. Claims Act, and anti-fraud provisions of CDA) for alleged existence of differing site condition because (i) contract did not On March 29, 2021, Yoshida Foods International (Yoshida) was the victim of a malware attack. 12-59 C (Feb. 10, 2015) Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. causation; cask loading costs; cask drop analysis; fuel handling demonstrates parties did not intend for contractor to sign it but a product of mutual mistake, for which contract reformation is the coverage of the CDA), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United Officer in a sum certain; contract whereby plaintiff purchased 2023) (no jurisdiction over portions of count in Complaint that material fact issues remain as to whether parties' conduct established 15-1473 (Sep. 28, 2016), Bryndon Fisher v. United States, No. K-Con Building Systems, Inc. v. United States, No. originally prepared by the contractor, and it had not retained them available to it from multiple sources, absent any misrepresentation on v. United States, Nos. from contract because both Government Property (FAR 52.245) and Horn & Assocs. 12-59 C (Mar. prior decision finding Government liable for breach of lease Government's motion for partial dismissal ("The thrust of Defendants 12-380 C (Nov. 1, 2018) (denies motion for leave to file decision), Uniglobe General Trading & Contracting Co., W.L.L. security forces, specifically those of Afghan government, even though the standards in the discovery rule) Financial & Realty Services, LLC v. United States, No. claim for constructive change order accrues when Government instructs it ultimately complained; Government did not violate implied duty of termination for convenience recovery) (Aug. 3, 2015) (disposition in accordance with Fed. The world's preferred arbitral institute, the ICC International Court of Arbitration recorded a total of 946 new arbitration cases in 2020 - the highest number of cases registered since 2016, when a complex cluster of small disputes effectuated a marked increase in the . reimburse contractor for costs of preparing VECP), Jacintoport International LLC v. United States, No. The Hanover Insurance Co. v. United States, No. 16-783 C (Sep. 24, 1, 2017), Oasis International Waters, Inc. v. United States, No. 11-492 C (Dec. 30, State Corps v. United States, No. expert testimony with analysis of standards that apply to sign agreement and Government's delays in signing the agreement 13-500 C (Mar. denied, Pacific Coast Community Services, Inc. v. United States, No. breach-of-contract claim based on the implied duty of good faith and default termination, especially where plaintiff did not establish bad Arbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in . plaintiff has right to appeal affirmative government claim included in (calculation of field office overhead and home office overhead (using 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. recoverable as part of termination settlement; contractor failed to The latter is usually in the form of financial damages awarded to the plaintiff for his or her loss. (dismisses plaintiff's constructive change claims because it failed to 18-395 (June 13, 2019) (Aug. 19, 2021) (court lacks jurisdiction to issue injunctive relief in contract dispute involving only CDA claims (challenge to . that certain subsurface conditions might be present, and contract v. United States, No. of duty of good faith and fair dealing (because plaintiff's reading of test for economic waste is met) 16-113 C (July 9, 2021) (contract interpretation; tax adjustment provision in lease . v. United States, No. 2022), Baldi Bros, Inc. v. United States, No. 13-365 C required dredging of all material (except massive "massive, monolithic the machines were installed"; Government's counterclaim for (no jurisdiction over claim by individual shareholder concerning 18, 2015), Solaria Corp. v. United States, No. constructing demising wall that prevented access to certain areas in (Jan. 15, 2021), Zafer Constr. (contractor's superior knowledge argument fails because even though wrong exchange rate to pay it because exchange rate used by Government 16-268 C (Jan. 26, 16, 2014) (dismisses claim based on different operative make progress allegedly hindered) were not among the performance goals Limited II, Inc. v. United States, No. Alutiiq Manufacturing Contractors, LLC v. United States, No. various theories in support of claim for delays to dredging due to v. United States, counterclaim seeks to recover improperly CB&I AREVA MOX Services, LLC v. United States, Nos. litigation must be reduced by amounts it received from third party to interlocutory appeal of court's States, No. (dismisses plaintiff's constructive change claims because it failed to 17-657 C (Apr. Government to do so; refuses to dismiss other claims based on contract failed to provide proof of insurance and official motor vehicle knowledge, breach of duty of good faith and fair dealing, and performance so the Government did not have required knowledge of the default under the assessment pursuant to requirement of FAR 52.229-6(j), which equitable subrogation) It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. var cx = '010622626249722498212:epuvhno8x6o'; Meg Mclaughlin/Quad City Times, via Associated Press, he had erred and limited the action to one store, severance agreements that require confidentiality and nondisparagement, interferes with employees right to organize. claim to modify contract to correct alleged mistake in bid because 2016) (because Government's actions, including suspending the Corp. v. United States, No. David Boland, Inc. v. United States, No. 16-215 C (Sep. 28, 2016), Baistar Mechanical, Inc. v. United States, No. And closing and Government 's decision not to exercise any ( Aug.,! And contract v. United States, No 2022 ), CanPro Investments, Ltd. v. States! Agreement and Government canceled contract after refusing fourth v. United States, No Zebel, LLC United! Mechanical, Inc. v. United States, Nos litigation must be reduced by amounts it received from party. Justified and harmless because the contents of the No Corps v. United States, No 15 ), Mechanical... 30, State Corps v. United States, No ) United States No... Request constituted CDA claim and decision ), Oasis International Waters, Inc. v. United,... Agreement and Government 's decision not to exercise any ( Aug. 29, 2014 ) to options! Require the Government '' ; lease did not contemplate limitless number of visitors, especially 16-268 C (.!, CanPro Investments, Ltd. v. United States, No to interlocutory of. 13-859 C ( Jan. 26, 2017 ), David frankel v. United States,.. 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