| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 10-341 | Court of Appeals for the Federal Cir. | N/A | N/A | N/A | N/A | OT 2010 |
Issue: (1) Whether the Federal Circuit erred by creating a defense to breach of the implied contractual duties under the sovereign acts doctrine that is at odds with the two-part test established by this Court in United States v. Winstar Corp. (1996), that has been adopted as the test for application of the doctrine by the Federal Circuit? (2) whether the Federal Circuit erred by failing to apply its own, binding, objective reasonableness standard for determining whether the government had breached its implied contractual duties and instead adopted a new legal standard requiring a contractor to prove that the government had a subjective intent to breach its implied contractual duties? (3) If questions 1 and 2 are answered in the negative, whether the Federal Circuit erred when it reversed the trial court's finding of a breach of contract at summary judgment under the reasonableness standard, but did not remand the case to the trial court to allow the contractor an opportunity to establish facts necessary to prove its breach claim under the newly announced, subjective intent standard?
