Payback: Federal Circuit Requires Government to Reimburse under WWII-Era Indemnification Clauses
Client Alert | 1 min read | 05.15.14
In Shell Oil Co. v. United States, No. 2013-5051, 2014 WL 1661493 (Fed. Cir. Apr. 28, 2014), the Federal Circuit held that the Government must indemnify WWII-era contractors for CERCLA costs incurred as a result of environmental damage arising out of certain contracts to provide aviation gasoline (avgas) required for the war effort, under the plain language of the "Taxes" clauses in the avgas contracts. The decision, which reversed the Court of Federal Claims (discussed here), may encourage other contractors to seek Government contract-based indemnification under similar contract provisions such as "hold harmless" clauses in facilities contracts cases (Ford and DuPont) and indemnification clauses authorized under Public Law 85-804 (also discussed here, here, and here).
Insights
Client Alert | 1 min read | 01.03.25
Back to the Future: CBCA to Implement New Electronic Docketing System
On December 17, 2024, the Civilian Board of Contract Appeals (Board) announced its plan to launch a new Electronic Docketing System (EDS). Once implemented, the Board will require use of the new EDS for most submissions.
Client Alert | 5 min read | 01.03.25
Powering Through the Rules: A Guide to E-Bike and E-Scooter Regulation in New York
Client Alert | 3 min read | 12.24.24
Only Drugs Allowed: Federal Circuit Affirms Order To Delist Device Patents From the Orange Book
Client Alert | 4 min read | 12.23.24
