Legal Opinion

Motorola, Inc. v. The United States

Court of Appeals for the Federal Circuit

Decided March 3, 1993No. 93-5052PublishedCited by 13 opinions

1Per curiam

Motorola, Inc. appeals the order of the United States Court of Federal Claims dismissing its complaint for failure to state a claim upon which relief can be granted. Motorola, Inc. v. United States, No. 92-799C (Ct.Fed.Cl. Dec. 23, 1992).

Motorola’s suit is based on an alleged implied in fact contract with the United States. Ordinarily a bid is required to establish that a pre-award implied in fact contract exists.' As the Court of Federal Claims stated, once a bid is submitted:

there is a promise — the contractor’s bid — which empowers the Government, upon acceptance, to bind the contractor to…

2Cases cited5 opinions

  1. United States, Appellant/cross-Appellee v. John C. Grimberg Co., Inc. And W.M. Schlosser Co., Inc., Appellees/cross-AppellantsCourt of Appeals for the Federal Circuit · 1983
  2. Heyer Products Company v. United StatesUnited States Court of Claims · 1956
  3. Atl, Inc., Appellee/cross-Appellant v. The United States, Appellant/cross-AppelleeCourt of Appeals for the Federal Circuit · 1984
  4. Magnavox Electronic Systems Co. v. United StatesUnited States Court of Claims · 1992
  5. Standard Manufacturing Co. v. United StatesUnited States Court of Claims · 1984

3Cited by13 opinions

  1. Emery Worldwide Airlines, Inc. v. United States and Federal Express CorporationCourt of Appeals for the Federal Circuit · 2001
  2. Caddell Construction Co., Inc. v. United StatesUnited States Court of Federal Claims · 2013
  3. Mike Hooks, Inc. v. United StatesUnited States Court of Federal Claims · 1997
  4. Infrastructure Defense Technologies, LLC v. United StatesUnited States Court of Federal Claims · 2008
  5. American Federation of Government Employees v. United StatesUnited States Court of Federal Claims · 2000

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