2nd Circ. Curbs Bivens Claims In Gov't Contract Suits

Law360, New York (March 19, 2013, 7:16 PM EDT) -- The Second Circuit ruled Tuesday that the Contract Disputes Act of 1978 precludes government contractors and their employees from pursuing so-called Bivens claims against U.S. government officials in disputes tied to government contracts, affirming the dismissal of a case over $27 million in contract cancellations at a New Jersey military facility.

Citing the CDA as “the paradigm of a precisely drawn, detailed statute,” a three-judge panel said that construction contractor MES Inc. and an employee are precluded from pursuing the constitutional due process claims against federal...
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