New Valley Corp. v. United States

Amended and Corrected Opinion and Order 1

WEINSTEIN, Judge.

Plaintiff seeks damages, for breach of contract or a taking, arising from the government’s failure to launch a commercial payload due to revisions to the nation’s space policy following the shuttle “Challenger” disaster. Defendant has moved to dismiss this action because plaintiff did not exhaust the contractual administrative disputes process, or, in the alternative, because plaintiff contractually waived all claims for non-performance. After oral argument, defendant’s motion to dismiss is granted.

Facts

The National Aeronautics and…