United States Ninth Circuit

In a suit alleging breach of contract and unfair competition against Lockheed Martin Corporation, arising from contracts between Lockheed and the federal government, the District Court's dismissal for failure to state a claim is affirmed where: 1) the issue of whether plaintiff may sue defendant based upon defendant's contracts with the federal government is governed by federal common law, rather than state law, because the uniquely federal interest in the liability of defense contractors to third parties is sufficiently dominant to demand a uniform, federal rule; and 2) plaintiff did not sufficiently allege that it is an intended third-party beneficiary of the contracts between defendant and the federal government.

Appellate Information

• Published 2016/06/08

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel