Justia Government & Administrative Law Opinion Summaries

Between April 23 and June 1, 2008, there were 57 reported cases of salmonellosis. The FDA, federal and state agencies, and food industry began an investigation to determine the source of contamination. On June 3, 2008, the FDA issued a press release alerting consumers that the salmonella outbreak “appears to be linked” to the consumption of “raw red plum, red Roma, or round red tomatoes” and that “the source of the contaminated tomatoes may be limited to a single grower or packer or tomatoes from a specific geographic area.” Later, a spokesman stated the FDA suspected the contaminated tomatoes had been shipped from Florida or Mexico, and red plum, red Roma, and red round tomatoes were “incriminated with the outbreak.” A third press release announced that “fresh tomatoes now available in the domestic market are not associated with the current outbreak.” Although the link between the salmonella outbreak and the their tomatoes was eventually disproved, tomato producers alleged that all or almost all of the value of the perishable tomatoes was destroyed due to a decrease in market demand. The Federal Circuit affirmed dismissal on grounds that the warning of a possible link between the tomatoes and an outbreak did not effect a regulatory taking. View "DiMare Fresh, Inc. v. United States" on Justia Law

The U.S. Air Force solicited bids from private companies to supply equipment and services to build a new radar system. Raytheon, Northrop Grumman, and Lockheed Martin cleared early hurdles; each received a solicitation for proposals for Engineering and Manufacturing Development. The Air Force subsequently sent Evaluation Notices to Raytheon and Northrop that “contractors would not be permitted to use IR & D costs to reduce their costs of performing . . . if those costs were implicitly or explicitly required for contract performance.” Raytheon objected; Northrop did not.. The Air Force then changed its view and accepted Raytheon’s treatment of certain costs as IR & D costs, but never communicated its new view to Northrop. In final proposals, Raytheon proposed IR & D cost reductions, whereas Northrop did not. The Air Force awarded the contract to Raytheon. Northrop and Lockheed filed protests with the Government Accountability Office (31 U.S.C. 3551). In response, the Air Force “decided to take corrective action” and to reopen discussions. Raytheon filed a protest under 28 U.S.C. 1491(b) to challenge the decision to take corrective action. The Federal Circuit affirmed denial of the protest, concluding that the reopening decision was proper based on the disparate-information violation. View "Raytheon Co. v. United States" on Justia Law