United States Federal Circuit

An Armed Services Board of Contract Appeals's decision, disallowing legal costs incurred for defending a shareholder derivative suit, is vacated where the Board used the incorrect legal standard and failed to make an assessment of the contractor's likelihood of prevailing.

Appellate Information

• Decided 07/29/2002
• Published 07/30/2002

Judges

• DYK, Circuit Judge., Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Terry L. Albertson,Crowell & Moring LLP, of Washington DC, for appellant.   Of counsel were Scott James Preston and Richard J. Ney, of Chadbourne & Parke, of Los Angeles, CA., Clarence T. Kipps, Jr., Miller & Chevalier, Chartered, of Washington, DC, for amicus curiae.   Of counsel was Lynda Troutman O'Sullivan.


• For Appellees:
  
• Lawrence N. Minch, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for appellee.   On the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  Deborah A. Bynum, Assistant Director;  and J. Mark Powell, Attorney.