Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

General Dynamics Corp. v. United States

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
09-1298 Federal Cir. Jan 18, 2011
Tr.Aud.
May 23, 2011 9-0 Scalia OT 2010

Holding: When a court dismisses a contractor's prima facie valid affirmative defense to the government's allegations of breach of contract to protect state secrets, a proper remedy is to leave the parties where they were on the day they filed suit

Plain English Holding: When litigation would end up disclosing state secrets, courts may not try the claims and may not award relief to either party.

Judgment: vacated and remanded, 9-0, in an opinion by Justice Scalia on May 23, 2011.

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