Justia Aerospace/Defense Opinion Summaries

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The defendants immigrated to the U.S. from Somalia years ago and lived in Southern California. They were convicted of sending or conspiring to send, $10,900 to Somalia to support a foreign terrorist organization, 18 U.S.C. 2339, and money laundering.The Ninth Circuit affirmed the convictions. The government may have violated the Fourth Amendment and did violate the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. 1861, when it collected the telephony metadata of millions of Americans, including at least one of the defendants, but suppression was not warranted in this case because the metadata collection did not taint the evidence introduced at trial. The court’s review of the classified record confirmed that the metadata did not and was not necessary to support the probable cause showing for the FISA warrant application. The Fourth Amendment requires notice to a criminal defendant when the prosecution intends to enter into evidence or otherwise use or disclose information obtained or derived from surveillance of that defendant conducted pursuant to the government’s foreign intelligence authorities, but in this case, any lack of notice did not prejudice the defendants. Evidentiary rulings challenged by the defendants did not, individually or cumulatively, impermissibly prejudice the defense and sufficient evidence supported the convictions. View "United States v. Moalin" on Justia Law

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The Joint Enterprise Defense Infrastructure Cloud procurement is directed to the long-term provision of enterprise-wide cloud computing services to the Defense Department. Its solicitation contemplated a 10-year indefinite-delivery, indefinite-quantity contract with a single provider. The JEDI solicitation included “gate” provisions that prospective bidders would be required to satisfy, including that the contractor must have at least three existing physical commercial cloud offering data centers within the U.S., separated by at least 150 miles, providing certain offerings that were “FedRAMP Moderate Authorized” at the time of proposal (a reference to a security level). Oracle did not satisfy the FedRAMP Moderate Authorized requirement and filed a pre-bid protest.The Government Accountability Office, Claims Court, and Federal Circuit rejected the protest. Even if Defense violated 10 U.S.C. 2304a by structuring the procurement on a single-award basis, the FedRAMP requirement would have been included in a multiple-award solicitation, so Oracle was not prejudiced by the single-award decision. The FedRAMP requirement “constituted a specification,” not a qualification requirement; the agency structured the procurement as a full and open competition. Satisfying the gate criteria was merely the first step in ensuring that the Department’s time was not wasted on offerors who could not meet its minimum needs. The contracting officer properly exercised her discretion in finding that the individual and organizational conflicts complained of by Oracle did not affect the integrity of the procurement. View "Oracle America Inc. v. United States" on Justia Law

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The district court denied a habeas petition by Al Hela, a Yemeni sheik, challenging his detention at the U.S. Naval Station at Guantanamo Bay. Al Hela claims that the President lacked authority to detain him under the Authorization for Use of Military Force, 115 Stat. 224, for substantially supporting Al Qaeda and its associated forces; that he is entitled to release for due process violations; and that the discovery procedures failed to provide him with a “meaningful opportunity” to challenge his detention. The District Court for the District of Columbia has a standing case management order used in many Guantanamo habeas cases to manage discovery and to protect classified information from unwarranted disclosure. The D.C. Circuit affirmed, finding that the President has authority to detain Al Hela, who “substantially supported” enemy forces irrespective of whether he also directly supported those forces or participated in hostilities. Al Hela’s supportive conduct was not “vitiated by the passage of time.” The proceedings below complied with the requirements of the Suspension Clause, which provides that “[t]he Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” Guantanamo detainees are entitled to a “meaningful opportunity” to challenge the basis for their detention, not a perfect one. The Due Process Clause may not be invoked by aliens without property or presence in the sovereign territory of the United States. View "Al-Hela v. Trump" on Justia Law

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After the U.S. invasion of Iraq, Agility was awarded a contract for support of staging area operations (PCO Contract). Under the Contract, the Coalition Provisional Authority (CPA) could issue individual task orders to Agility. Funds obligated under the contract were sourced from the Development Fund for Iraq (DFI). The CPA controlled the DFI, which consisted of Iraqi money. The Contract provided that “[n]o funds, appropriated or other, of any Coalition country are or will be obligated under this contract” and recognize[d] that a transfer of authority from the CPA to the interim Iraqi Governing Council (IIG) would occur in June 2004. The contracting parties were the CPA and Agility. The Contract expressly preserved the right of the United States to assert claims against Agility. A Contract amendment provided that any claim Agility had after the transfer to IIG could not be brought before the Armed Services Board of Contract Appeals but could only be brought in an Iraqi court. The U.S. Army was designated as the administrator of the PCO contract.In 2010, following an audit of the PCO Contract, the Army contracting officer sent demand letters for overpayments allegedly made under 12 task orders. The Claims Court upheld the offsets, holding that the United States (rather than Iraq) was owed the alleged overpayment and the United States was authorized to offset the alleged overpayment. The Federal Circuit in part and vacated in part. The Claims Court did not evaluate the merits of the offset determination nor the procedures required by law. View "Agility Public Warehousing Co. v. United States" on Justia Law

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Al Bahlul, a Yemeni national, was Osama bin Laden’s head of propaganda at the time of the September 11 attacks. After he was captured in Pakistan, Al Bahlul was convicted by a military commission in Guantanamo Bay of conspiracy to commit war crimes, providing material support for terrorism, and soliciting others to commit war crimes. The D.C. Circuit vacated two of his three convictions on ex post facto grounds. On remand, the Court of Military Commission Review, without remanding to the military commission, reaffirmed Al Bahlul's life sentence for the conspiracy conviction.The D.C. Circuit reversed and remanded. The CMCR failed to apply the correct harmless error standard, In reevaluating Al Bahlul’s sentence, the CMCR should have asked whether it was beyond a reasonable doubt that the military commission would have imposed the same sentence for conspiracy alone. The court rejected Al Bahlul’s remaining arguments. The appointment of the Convening Authority was lawful; there is no reason to unsettle Al Bahlul I’s ex post facto ruling, and the court lacked jurisdiction in an appeal from the CMCR to entertain challenges to the conditions of Al Bahlul’s ongoing confinement. View "Al Bahlul v. United States" on Justia Law

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The Navy began a program to design and build littoral combat ships (LCS) and issued a request for proposals. During the initial phase of the LCS procurement, FastShip met with and discussed a potential hull design with government contractors subject to non-disclosure and confidentiality agreements. FastShip was not awarded a contract. FastShip filed an unsuccessful administrative claim, alleging patent infringement. The Claims Court found that the FastShip patents were valid and directly infringed by the government. The Federal Circuit affirmed.The Claims Court awarded FastShip attorney’s fees and expenses ($6,178,288.29); 28 U.S.C. 1498(a), which provides for a fee award to smaller entities that have prevailed on infringement claims, unless the government can show that its position was “substantially justified.” The court concluded that the government’s pre-litigation conduct and litigation positions were not “as a whole” substantially justified. It unreasonable for a government contractor to gather information from FastShip but not to include it as part of the team that was awarded the contract and the Navy took an exceedingly long time to act on FastShip’s administrative claim and did not provide sufficient analysis in denying the claim. The court found the government’s litigation positions unreasonable, including its arguments with respect to one document and its reliance on the testimony of its expert to prove obviousness despite his “extraordinary skill.” The Federal Circuit vacated. Reliance on this pre-litigation conduct in the fee analysis was an error. View "FastShip, LLC v. United States" on Justia Law

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From 1906 -1970, the companies manufactured industrial materials at an East Chicago, Indiana Superfund Site. In the 1970s, the East Chicago Housing Authority constructed “West Calumet,” a low-income residential building, on that site. In 2017, former West Calumet tenants sued the companies based on the tenants’ exposure to hazardous substances. Defendant Atlantic Richfield removed the case to federal court, asserting a government contractor defense because its predecessor, ISR, operated during World War II. ISR sold lead and zinc to entities who were under contract with the government to produce the goods for the military. ISR itself held five Army contracts. The materials made by ISR were critical wartime commodities that had to be manufactured according to detailed federal specifications. Other regulations effectively prevented ISR from selling to distributors for civilian applications. Defendant DuPont asserted that the government directed it to build a facility for the government and then lease it from the government to produce Freon-12 and hydrochloric acid solely for the government. The district court remanded, finding that most of the Companies’ government business occurred outside the relevant time frame.The Seventh Circuit reversed. Atlantic Richfield worked "hand-in-hand with the federal government to achieve a task that furthers an end of the federal government.” The Companies’ wartime production was a small but significant portion of their relevant conduct; the federal interest in the matter supports removal. Atlantic Richfield set forth sufficient facts regarding its government contractor defense. View "Baker v. E.I. du Pont de Nemours & Co." on Justia Law

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In 1998, al Qaeda operatives detonated truck bombs outside the U.S. Embassies in Kenya and Tanzania. Victims sued the Republic of Sudan under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (FSIA, 28 U.S.C. 1605(a)(7)), which included a bar on punitive damages for suits under any of the sovereign immunity exceptions. In 2008, Congress amended the FSIA in the National Defense Authorization Act (NDAA). NDAA section 1083(c)(2) creates a cause of action for acts of terror that provides for punitive damages; it gave effect to existing lawsuits that had been “adversely affected” by prior law “as if” they had been originally filed under the new section 1605A(c). Section 1083(c)(3) provided a time-limited opportunity for plaintiffs to file new actions “arising out of the same act or incident” as an earlier action and claim those benefits. The plaintiffs amended their complaint to include section 1605A(c) claims. The district court awarded the plaintiffs approximately $10.2 billion, including roughly $4.3 billion in punitive damages. The D.C. Circuit held that the plaintiffs were not entitled to punitive damages because Congress had included no statement in NDAA section 1083 clearly authorizing punitive damages for pre-enactment conduct.The Supreme Court vacated and remanded. Even assuming that Sudan may claim the benefit of the presumption of prospective effect, Congress was as clear as it could have been when it expressly authorized punitive damages under section 1605A(c) and explicitly made that new cause of action available to remedy certain past acts of terrorism. The court of appeals must also reconsider its decision concerning the availability of punitive damages for state law claims. View "Opati v. Republic of Sudan" on Justia Law

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UTC’s patent is generally directed to a gas turbine engine having a gear train driven by a spool with a low stage count low-pressure turbine, designed for use in airplanes. GE sought inter partes review. The Patent Trial and Appeal Board found that the claims at issue were not unpatentable for obviousness. UTC moved to dismiss GE’s appeal for lack of standing, arguing that an appellant does not automatically possess standing to appeal an adverse Board decision.GE submitted a Declaration by Long, GE’s Chief IP Counsel, explaining that because the design of aircraft engines can take eight years or more, GE develops new engines based on old designs; in the 1970s, GE developed a geared turbofan engine for NASA. GE asserted that UTC's patent impedes its ability to use that design as a basis for future geared turbofan engine designs, thereby limiting the scope of GE’s engine designs and its ability to compete. Long declared that designing around the patent restricts GE’s design choices and forced GE to incur additional research and development expenses. Long declared that Boeing requested information from GE and its competitors for engine designs for future Boeing aircraft with information regarding designs for both geared-fan engines and direct-drive engines; GE researched a geared-fan engine design that would potentially implicate UTC’s Patent but chose not to submit a geared-fan engine design.The Federal Circuit dismissed the appeal for lack of Article III standing. GE’s purported competitive injuries are too speculative to support constitutional standing. Long’s declarations are the only evidence of standing and neither shows concrete and imminent injury to GE related to the patent. View "General Electric Co. v. United Technologies Corp." on Justia Law

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In June 2016, Mateen entered the Pulse Nightclub in Orlando and opened fire, killing 49 people and injuring another 53. Victims and family members of deceased victims brought sought damages, not from Mateen, nor from ISIS, the international terrorist organization that allegedly motivated Mateen through social media, but from social media giants Twitter, Facebook, and Google under the Anti-Terrorism Act. Plaintiffs alleged ISIS used those social media platforms to post propaganda and “virtually recruit” Americans to commit terrorist attacks. Mateen allegedly viewed ISIS-related material online, became “self-radicalized,” and carried out the shooting. Following the attack, ISIS claimed responsibility. The complaint alleged aiding and abetting international terrorism, 18 U.S.C. 2333; conspiracy in furtherance of terrorism; providing material support and resources to terrorists, 18 U.S.C. 2339A, 2339B(a)(1); negligent infliction of emotional distress; and wrongful death The Sixth Circuit affirmed the dismissal of the suit. Plaintiffs’ complaint includes no allegations that Twitter, Facebook, or Google had any direct connection to Mateen or his action. Plaintiffs did not suggest that those defendants provided “material support” to Mateen. Without these connections, Plaintiffs cannot state a viable claim under the Act. View "Crosby v. Twitter, Inc." on Justia Law