No. 18-1394

Waterfront Marine Construction, Inc., et al. v. Heard Construction, Inc.

Lower Court: Virginia
Docketed: 2019-05-06
Status: Denied
Type: Paid
Tags: bid-protest contract-law federal-contract federal-procurement federal-regulations state-tort-action subject-matter-jurisdiction tucker-act
Key Terms:
ERISA
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Where a disappointed bidder to a federal contract fails to file a bid protest pursuant to the Tucker Act, 28 U.S.C. § 1491 (2016), does a state trial court have subject matter jurisdiction to interpret federal regulations to determine a party's entitlement to that same federal procurement contract under the pretext of a state tort action?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Where a disappointed bidder to a federal contract fails to file a bid protest pursuant to the Tucker Act, 28 U.S.C. § 1491 (2016), does a state trial court have subject matter jurisdiction to interpret federal regulations to determine a party’s entitlement to that same federal procurement contract under the pretext of a state tort action? 2. Where a disappointed bidder to a federal contract fails to file a bid protest pursuant to the Tucker Act, 28 U.S.C. § 1491 (2016), does a state trial court have subject matter jurisdiction to interpret federal regulations to determine a party’s entitlement to that same federal procurement contract under the pretext of a state tort action, without any testimony from the contracting officer responsible for the award of the contract?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-19
DISTRIBUTED for Conference of 10/1/2019.
2019-06-14
Reply of petitioners Waterfront Marine Construction, Inc., et al. filed.
2019-06-05
Brief of respondent Heard Construction, Inc. in opposition filed.
2019-05-02
Petition for a writ of certiorari filed. (Response due June 5, 2019)

Attorneys

Heard Construction, Inc.
Christopher Duffy DavisDavis Law, PLC, Respondent
Christopher Duffy DavisDavis Law, PLC, Respondent
Waterfront Marine Construction, Inc., et al.
Dirk Densford HaireFox Rothschild LLP, Petitioner
Dirk Densford HaireFox Rothschild LLP, Petitioner