General Dynamics Corp. v. United States

Consolidated with:

• The Boeing Company v. United States

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.

Briefs and Documents

Merits Briefs

• Brief for Petitioner General Dynamics Corporation
• Brief for Respondent United States of America
• Reply Brief for Petitioner General Dynamics Corporation

Amicus Briefs

• Brief for Al-Haramain Islamic Foundation, Inc., Wendell Belew, Asim Ghafoor, and Electronic Frontier Foundation in Support of Neither Party
• Brief for the National Defense Industrial Association in Support of Petitioners
• Brief for the Constitution Project in Support of Petitioners
• Brief for the Chamber of Commerce of the United States of America in Support of Petitioners

Certiorari-stage documents

• Opinion below (Federal Circuit)
• Petition for certiorari (unavailable)
• Brief in opposition (unavailable)
• Amicus brief for the Chamber of Commerce (unavailable)
• Amicus brief for the National Defense Industrial Association (unavailable)
• Petitioner's reply (unavailable)