11th Circ. Dropped The Ball In Agility Defense Ruling

Law360, New York (January 9, 2014, 6:22 PM EST) -- On Dec. 31, the Eleventh Circuit reversed the ruling of a district court and held that the government may indefinitely suspend affiliates of government contractors even absent any allegation of wrongdoing on the part of the affiliates. Agility Defense & Government Services Inc. v. U.S. Department of Defense, No. 13-10757 (11th Cir. Dec. 31, 2013). In so holding, the court relied on its own narrow reading of a provision of the Federal Acquisition Regulation, and missed an opportunity to more meaningfully engage with a thorny legal...
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