United States Federal Circuit

In a contract dispute arising from the government's failure to accept and dispose of radioactive waste from nuclear utilities, assessments of damages are affirmed in part, reversed in part, and remanded where: 1) damages for costs incurred after the government's breach were required to be calculated with reference to what plaintiff's costs would have been had the government accepted waste at a rate found in the standard contract; 2) pre-breach mitigation damages were appropriate to the extent that plaintiffs could demonstrate causation; 3) the contract required the government to remove Greater-Than-Class-C (GTCC) waste; 4) the government was not entitled to collect from plaintiffs a fee agreed upon in the contract, but not yet due, to offset the damages; and 5) the trial court properly determined that it lacked jurisdiction over claims of possible future damages.

Appellate Information

• Decided 08/07/2008
• Published 08/07/2008

Judges

• RADER, Circuit Judge., Before MAYER, LOURIE, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Catherine E. Stetson, Hogan & Hartson L.L.P., of Washington, DC, argued for all plaintiffs cross-appellants.   With her on the brief were Paul A. Werner III and Jake M. Shields.   Of counsel on the brief were Jerry Stouck and Robert L. Shapiro, Greenberg Traurig L.L.P., of Washington, DC.


• For Appellees:
  
• Harold D. Lester, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Jeanne E. Davidson, Director, and Marian E. Sullivan, Trial Attorney.   Of counsel on the brief was Jane K. Taylor, Office of General Counsel, United States Department of Energy, of Washington, DC.