This morning, the Federal Circuit released two precedential opinions. The first comes in a government contract case reviewing a judgment of the Armed Services Board of Contract Appeals. The second comes in an appeal from the Merit Systems Protection Board. Here are the introductions to the opinions.

Supreme Foodservice GmbH v. Director of the Defense Logistics Agency (Precedential)

Supreme Foodservice GmbH appeals an Armed Services Board of Contract Appeals decision concluding that Supreme’s contract claims against the government were barred by Supreme’s prior material breach. Supreme argues that the government waived its prior material breach defense and seeks Contract Disputes Act interest on money the Board found the government over-withheld. Because we agree that the government did not waive its defense, and because Supreme’s prior material breach means there is no valid underlying contractor’s claim through which Supreme may recover CDA interest, we affirm.

Edenfield v. Department of Veterans Affairs (Precedential)

Dr. Mark Edenfield appeals a decision from the Merit Systems Protection Board that he did not make a protected disclosure under the Whistleblower Protection Act. Because the Board erred in finding that Dr. Edenfield did not make a protected disclosure, we reverse and remand for further proceedings.