June 06, 2011
On May 23, 2011, the Supreme Court announced its decision in General Dynamics Corp. v. United States. The question in this case was the following: What is the proper remedy when, in order to protect state secrets, a court dismisses a Government contractor’s facially valid affirmative defense to the Government's allegations of contractual breach?
In an opinion delivered by Justice Scalia for a unanimous Court, the Court held that in the particular circumstances of this case--where the protection of state secrets precluded adjudication of the parties' claims and defenses--the appropriate remedy was to leave the parties in the position they were in on the day that they filed suit.
To discuss the case, we have Marcia G. Madsen, who is a partner at Mayer Brown LLP. Mayer Brown filed an amicus brief in support of the petitioner.