Commercial Drapery Contractors, Inc. v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that plaintiffs’ cause of action against the General Services Administration seeking only equitable relief, rather than damages for breach of contract, was not at its essence a contract action
• holding that the CDA did not bar jurisdiction over the plaintiffs’ claims “that GSA’s cancellation and suspension decisions ... constituted ‘de facto debarment’ or ‘blacklisting,’ thereby depriving them of due process.”
• holding that APA review is limited to the \administrative record ... except when there has been a strong showing of bad faith or improper behavior or when the record is so bare that it prevents effective judicial review\
• holding that APA review is limited to the “administrative record . . . except when there has been a strong showing of bad faith or improper behavior or when the record is so bare that it prevents effective judicial review”
• noting that the existence of relevant contract-related issues does not render a claim “essentially contractual”
• rejecting CDA’s applicability to plaintiffs’ claim where dispute over contract clause was “embedded within [their] broader claim” that agency had unconstitutionally “blacklist[ed]” them

Source: CourtListener parenthetical corpus (CC0).