United States Federal Circuit

In a matter arising from Grumman's contract with the Air Force to modernize the avionics of certain F-111 aircraft, denial of Grumman's superior knowledge claim against the Air Force, as well as a denial of any damages under the jury verdict method on fourteen of its sustained claims, is affirmed where: 1) the Armed Services Board of Contract Appeals correctly denied the superior knowledge claim; and 2) there was no abuse of discretion in denying the jury verdict method claim.

Appellate Information

• Decided 08/17/2007
• Published 08/17/2007

Judges

• Before NEWMAN, RADER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David H. Pittinsky, Ballard Spahr Andrews & Ingersoll, LLP, of Philadelphia, PA, argued for appellant.


• For Appellees:
  
• Michael N. O'Connell, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and Bryant G. Snee, Assistant Director.   Of counsel on the brief were Bryan R. O'Boyle, Air Force Legal Operations Agency, Arlington, VA, William M. Lackermann, Jr., and Donald M. Yenovkian, II, United States Air Force, Wright-Patterson Air Force Base, OH. Of counsel was Lauren S. Moore, United States Department of Justice.