Payback: Federal Circuit Requires Government to Reimburse under WWII-Era Indemnification Clauses
Client Alert | 1 min read | 05.15.14
In Shell Oil Co. v. United States, No. 2013-5051, 2014 WL 1661493 (Fed. Cir. Apr. 28, 2014), the Federal Circuit held that the Government must indemnify WWII-era contractors for CERCLA costs incurred as a result of environmental damage arising out of certain contracts to provide aviation gasoline (avgas) required for the war effort, under the plain language of the "Taxes" clauses in the avgas contracts. The decision, which reversed the Court of Federal Claims (discussed here), may encourage other contractors to seek Government contract-based indemnification under similar contract provisions such as "hold harmless" clauses in facilities contracts cases (Ford and DuPont) and indemnification clauses authorized under Public Law 85-804 (also discussed here, here, and here).
Contacts
Insights
Client Alert | 4 min read | 02.05.26
EU–Brazil Mutual Adequacy: A Milestone for Global Data Flows and Latin America’s Digital Positioning
On January 27, the EU and Brazil announced their positive determination on the mutual adequacy of Brazil’s and the EU’s data privacy frameworks — confirming the growing importance of transatlantic data transfers and the EU-Mercosur relationship. This adequacy decision, while not formally tied to the EU-Mercosur trade negotiations, is a historic development that can facilitate cross-border data transfers and fuel shared economic growth driven by data-centered service sectors.
Client Alert | 4 min read | 02.04.26
DOJ Antitrust Division Issues First-Ever Award Under Whistleblower Rewards Program
Client Alert | 4 min read | 02.04.26
New York District Court Confirms Insurance Coverage Must Mean Something
Client Alert | 13 min read | 02.04.26
