This morning the Federal Circuit issued a nonprecedential opinion in a government contract case appealed from the Armed Services Board of Contract Appeals. The court also issued a nonprecedential order denying a petition for a writ of mandamus addressing the U.S. District Court for the District of Delaware’s decision to grant a motion to dismiss for lack of constitutional standing. Here are the introductions to the opinion and order.
Starwalker PR LLC v. Secretary of the Army (Nonprecedential)
The Armed Services Board of Contract Appeals (Board) held that the base-year Host Nation Trucking (HNT) contract between Starwalker PR LLC1 (Starwalker) and the Government did not obligate the Government to pay Starwalker for “backhaul” trips that were not directed by the Government on an official Logistics Movement Request (LMR) or Transportation Movement Request (TMR). Because we agree with the Board that the contract language unambiguously requires the Government to pay only for transport movement requested via an LMR or TMR, we affirm.
In re Cirba Inc. (Nonprecedential Order)
Cirba Inc. petitions for a writ of mandamus directing the United States District Court for the District of Delaware to vacate its order granting VMware, Inc.’s motion to dismiss Cirba Inc. for lack of constitutional standing and its order granting VMware’s motion for a new trial. VMware opposes. We deny the petition.