United States Federal Circuit

In reimbursement action under the National Defense Authorization Act for environmental cleanup costs associated with the development of property formerly used as a military base, judgment dismissing the Second Amended Complaint is reversed and remanded, where: 1) the Court of Federal Claims erred in finding that plaintiff was not entitled to indemnification under Section 330 of the Act; 2) the plain language of Section 330 requires a "suit, claim, demand or action, liability, judgment, cost or other fee arising out of any claim for personal injury or property damage," but there does not require that the claim be adversarial or a third party; and 3) nothing in Section 330 requires that the claimant itself suffer personal injury or own the damaged property.

Appellate Information

• Decided 01/11/2013
• Published 01/11/2013

Judges

• O’MALLEY

Court

• United States Federal Circuit

Counsel