1. Home
  2. |Insights
  3. |Jurisdiction Found Over 85-804 Indemnification Clause Breach Claims

Jurisdiction Found Over 85-804 Indemnification Clause Breach Claims

Client Alert | 1 min read | 05.01.06

In an important case of first impression, the Armed Services Board of Contract Appeals in The Boeing Co. (Apr. 12, 2006, http://www.crowell.com/pdf/expertise/govtcontracts/ASBCA_decision.pdf), has held that it has jurisdiction under the Contract Disputes Act to consider claims for the costs of investigation and remediation of ground water pollution and toxic tort litigation under indemnification clauses authorized pursuant to the “residual powers” authority of Public Law 85-804 and 10 U.S.C. § 2354. The Board concluded that Public Law 85-804, 10 U.S.C. § 2354, and statutory and contractual provisions allegedly providing for secretarial and/or congressional approval did not divest the Board of its CDA jurisdiction because, inter alia , acceptance of such arguments would render the indemnification clauses, which were included in prime contracts awarded to Boeing and subcontracts awarded to Lockheed Martin Corporation in the 1960s and 1970s, “illusory.”

Insights

Client Alert | 7 min read | 01.29.26

ASEAN Digital Ministers' Meeting 2026: Spotlight on AI Cooperation in Asia's Rising Markets

The sixth convening of the Association of Southeast Asian Nations (ASEAN) Digital Ministers’ Meeting (ADGMIN) was held in Hanoi, Vietnam on January 15-16, 2026, under the theme “ASEAN Adaptive: From Connectivity to Connected Intelligence.” Senior government officials from across the 11 Southeast Asian nations that form the ASEAN bloc deliberated on key digital policy issues for the region’s economic growth, such as enhancing widespread AI adoption, combating online scams, promoting regional cyber resilience, and boosting digital infrastructure development.  These are aligned with the Philippines’ digital priorities as ASEAN’s Chair for 2026....