Legal Opinion

Boeing North American, Inc. v. James G. Roche, Secretary of the Air Force

Court of Appeals for the Federal Circuit

Decided March 15, 2002No. 01-1011PublishedCited by 1 opinion

1Opinion of the Court

DYK, Circuit Judge.

Boeing North American, Inc. (“Boeing”) appeals from the decision of the Armed Services Board of Contract Appeals (“Board”) disallowing legal costs incurred in 1989, 1990, and 1991 for defending a shareholder derivative suit. Boeing North American, Inc., ABSCA No. 49994 00-2 BCA ¶ 30,970 (June 8, 2000). Because the Board applied the wrong legal standard when disallowing the costs and failed to make an assessment of the contractor’s likelihood of prevailing in its defense of the shareholder suit, we vacate and remand for further proceedings.

BACKGROUND

In December 1996 Rockwell…

2Cases cited14 opinions

  1. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  2. Schneidewind v. ANR Pipeline Co.Supreme Court of the United States · 1988
  3. Vas-Cath Incorporated and Gambro, Inc. v. Sakharam D. Mahurkar, and Quinton Instruments CompanyCourt of Appeals for the Federal Circuit · 1991
  4. American Trucking Associations, Inc. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1967
  5. The United States v. Grumman Aerospace CorporationCourt of Appeals for the Federal Circuit · 1991

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3Cited by1 opinion

  1. geiler/schrudde & Zimmerman v. United StatesUnited States Court of Federal Claims · 2017

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