D'andrea Brothers Llc v. United States
United States Court of Federal Claims
1Opinion of the Court
CRADA and Licensing Agreement; Breach of the Implied Covenant of Good Faith and Fair Dealing; “Reasonableness” Standard; Prior Material Breach; Reliance Damages; Restatement (Second) of Contracts § 349
TRIAL OPINION
FIRESTONE, Judge.
This breach of contract case involves a contract, called a Cooperative Research and Development Agreement (“CRADA”), 1 between the United States Amy Natick Soldier Research, Development, and Engineering Center (“Natick”) 2 and plaintiff D’Andrea Brothers LLC (“plaintiff’). The CRADA, among other things, provided that plaintiff would commercialize nutritional energy…
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