Fed. Circ.'s Opportunity To Clarify 'Duty To Cooperate'

Law360, New York (December 18, 2012, 12:29 PM EST) -- In September 2012, the Court of Appeals for the Federal Circuit issued Scott Timber Co. v. U.S., 692 F.3d 1365 (Fed. Cir. Sept. 5, 2012) (“Scott Timber II”). This opinion is the latest in a series of precedential decisions from the Federal Circuit arising from timber sale contracts and involving the government’s duty to cooperate (under the implied duty of good faith and fair dealing). And it may not be the last, as Scott Timber Company (“Scott”) filed on Nov. 21, 2012 a combined petition for...
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