Department of Defense Offers Guidance to Contractors Battling Inflation
Few government contractors who negotiated contracts prior to 2021 could have foreseen the rampant inflation that the economy has seen in recent months.[1] In fact, the Federal Reserve continued to refer to pandemic-related inflation as “transitory” up until the end of...
Major Update to BAA Rules Promises to “Make Buy American Real”
On March 7, 2022,[1] a final rule amending the FAR’s Buy American Act (BAA) requirements was published in the Federal Register,[2] marking an acceleration in the Biden Administration’s “made in America” policy. Beginning on October 25, 2022, the amendments will affect...
UnCERTain? – Practice Pointers for Certifying a Question of State Law in Federal Court
Certification[1] is a legislatively created procedure which empowers Minnesota state courts to answer a federal court’s question of state law.[2] There are many benefits to certifying questions, including relieving federal judges from having to decide important state...
So You Want to Sue the Government? A ‘How-To’ Sue from City to State in North Dakota and Minnesota
Suing the government poses unique hurdles that plaintiffs who sue private citizens do not have to overcome.[1] If sovereign immunity does not bar their claims, then they must also avoid the procedural pitfalls designed to limit their ability to seek relief in court....
No Claim? No Standing. – The Importance of Filing a Claim Under LOLA.
A party inexperienced with Limitation of Liability Act (“LOLA”) proceedings may find themselves in deep water by assuming that the procedural rules applicable to ordinary civil cases applies equally to a case brought under LOLA.[1] While there are certainly many...
A Solution to the Single-Claimant Stipulation Problem – Roen Salvage Company v. Sarter
The stipulation preceding the district court’s stay of a limitation proceeding involving a single claimant is both simplistic formulism and the cause of prolonged headaches for maritime attorneys and courts. Too often attorneys treat the stipulation as being...