Ulysses And The Government Knowledge Defense

Law360, New York (May 28, 2013, 12:54 PM EDT) -- In the recent case of Ulysses Inc. v. United States, Case No. 06–436C, ––– Fed.Cl. ––– (2013), the Court of Federal Claims applied the so-called government knowledge defense to reject fraud-based counterclaims brought by the government in response to a contractor’s claim for improper cancellation of two orders.

While the COFC’s appellate court, the Federal Circuit, has not spoken on the government knowledge defense, the COFC in Ulysses applied a version of the defense that focuses not on a quasi-estoppel theory of government waiver by consent,...
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