General Dynamics Corp. v. United States

 
DOCKET NO.
OP. BELOW
SUBJECT
Gov. Contract
AUTHOR
Scalia

Question(s) Presented

“We consider what remedy is proper when, to protect state secrets, a court dismisses a Government contractor’s prima facie valid affirmative defense to the Government’s allegations of contractual breach.”

Holding

“We leave the parties where they are. . . . Both parties—the Government no less than petitioners—must have assumed the risk that state secrets would prevent the adjudication of claims of inadequate performance.”

Date
Proceedings and Orders
January 18, 2011