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FASTSHIP, LLC v. U.S.

2019-2360.

968 F.3d 1335 (2020)

FASTSHIP, LLC, Plaintiff-Appellee v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 3, 2020.

Attorney(s) appearing for the Case

Mark Lee Hogge , Dentons US LLP, Washington, DC, argued for plaintiff-appellee. Also represented by Rajesh Charles Noronha ; Donald Edward Stout , Fitch, Even, Tabin & Flannery LLC, Washington, DC.

Scott David Bolden , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by Ethan P. Davis , Gary Lee Hausken ; Andrew Paul Zager , United States Navy, Arlington, VA.

Before Dyk, Wallach, and Chen, Circuit Judges.

The United States appeals an order of the Court of Federal Claims ("Claims Court") granting a request by FastShip, LLC ("FastShip") for attorney's fees and expenses. Because the Claims Court erred in considering the government's pre-litigation conduct and in one respect erred in its analysis of the government's litigation conduct...

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