United States Federal Circuit

The decision of the United States Court of Federal Claims that awarded $118.76 million in damages, plus interest, to plaintiff for the government's breach of contract regarding the installation and operation of telephone systems in guest lodgings on certain Air Force bases in Europe, is: 1) affirmed in part, with regard to the lost profits attributable to the hallway and lobby Defense Switched Network (DSN) phones, and that plaintiff's post-termination lost profits should be calculated for a term of fifteen years from the date of completion and acceptance of the telephone system at each site; 2) reversed in part, with regard to the calculation of lost revenues attributable to calling-card usage, and the Prime Knight Lodgings phones; and 3) vacated in part, with regard to the rulings on damages related to other operator numbers and patching, early DSN abuse, Delta Squadron phones, the German troops housing, interfaces and switches, and profits for all work and out-of-pocket expenses.

Appellate Information

• Decided 05/29/2014
• Published 05/29/2014

Judges

• TARANTO

Court

• United States Federal Circuit

Counsel