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 | 3 min read | 11.22.24
Key Takeaways from Crowell & Moring’s 38th Annual Managing Tax Audits and Appeals Seminar
On October 24, 2024, Crowell & Moring LLP hosted its 38th Annual Managing Tax Audits and Appeals Seminar. The seminar featured several prominent IRS speakers and lively discussion among clients, including conversations about the following hot topics:
Client Alert | 8 min read | 11.21.24
New Legislation Introduced in Congress Proposes Ending Normal Trade Relations with China and More
Client Alert | 5 min read | 11.21.24
OFAC Issues Necessary and Long-Awaited Updated Guidance for (Re)Insurance Industry
Client Alert | 9 min read | 11.20.24
2024 GAO Bid Protest Report Shows Notable Decrease in Merit Decisions
