Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.
On Tuesday the court hears oral argument in Hernández v. Mesa. Amy Howe has our preview.
On Tuesday the court also hears oral argument in McLane Co. v. EEOC. Charlotte Garden has our preview.

The Boeing Company v. United States

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
09-1302 Federal Cir. Jan 18, 2011
Tr.Aud.
May 23, 2011 9-0 Scalia OT 2010
 
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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.

Plain English Summary:

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

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