United States v. Winstar Corp.

 
DOCKET NO.
95-865
OP. BELOW
SUBJECT
Gov. Contract
AUTHOR
Souter (Plurality Opinion)

Question(s) Presented

“The issue in this case is the enforceability of contracts between the Government and participants in a regulated industry, to accord them particular regulatory treatment in exchange for their assumption of liabilities that threatened to produce claims against the Government as insurer.”

Holding

“Although Congress subsequently changed the relevant law, and thereby barred the Government from specifically honoring its agreements, we hold that the terms assigning the risk of regulatory change to the Government are enforceable, and that the Government is therefore liable in damages for breach.”