Gov't Contracts Cases To Watch In 2023

Dan Russell's commentary was included in a Law360 piece highlighting cases to watch in 2023 that have the potential to significantly impact government contractors.

Dan commented on Midwest Air Traffic Control Service Inc. v. Badilla et al., a case that could have significant ramifications for military contractors overseas. In this case, the high court may consider how far the derivative immunity granted to those contractors for "combatant activities" extends, including whether it covers an air traffic controller's alleged deadly mistake directing airplanes in Afghanistan.

Dan states that "it potentially is a case that's going to be very important for contractors working closely with the government, working closely with the military in high-risk operations." The high court "might see it as an opportunity to shape the law on what the scope of combatant activities are — there are some differing views among the circuits, [although] it's pretty broadly viewed for the most part," he said. "The Second Circuit decision, I think, conflicts with Boyle," a previous ruling which established a derivative immunity test.

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