Case Study: Railway Logistics V. US

Law360, New York (February 2, 2012, 1:30 PM EST) -- On Jan. 17, 2012, the Court of Federal Claims issued a decision clarifying that, if a contractor invokes the jurisdiction of the COFC (an Article I court) to pursue its claims, the contractor has no right to a jury trial on any fraud-based counterclaims, including False Claims Act counterclaims, but must defend such counterclaims in the proceeding before a trial judge. Ry. Logistics Int'l v. United States, __ Fed.Cl. __, 2012 (Jan. 17, 2012).

This case illustrates one way in which forum selection can adversely affect...
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