BAE SYSTEMS TECHNOLOGY SOLUTION & SERVICES, INC. v. REPUBLIC OF KOREA'S DEFENSE ACQUISITION PROGRAM ADMINISTRATION

Nos. 17-1041, 17-1070.

BAE SYSTEMS TECHNOLOGY SOLUTION & SERVICES, INC., Plaintiff-Appellee, v. REPUBLIC OF KOREA'S DEFENSE ACQUISITION PROGRAM ADMINISTRATION; REPUBLIC OF KOREA, Defendants-Appellants. UNITED STATES OF AMERICA, Amicus Curiae. BAE SYSTEMS TECHNOLOGY SOLUTION & SERVICES, INC., Plaintiff-Appellant, v. REPUBLIC OF KOREA'S DEFENSE ACQUISITION PROGRAM ADMINISTRATION; REPUBLIC OF KOREA, Defendants-Appellees. UNITED STATES OF AMERICA, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: March 6, 2018.

Amended: March 27, 2018.


Attorney(s) appearing for the Case

ARGUED: Danny Christopher Onorato , SCHERTLER & ONORATO, LLP, Washington, D.C., for Appellants/Cross-Appellees.

Gregory Michael Williams , WILEY REIN LLP, Washington, D.C., for Appellee/Cross-Appellant.

ON BRIEF: Robert J. Spagnoletti , SCHERTLER & ONORATO, LLP, Washington, D.C.; Jason D. Wallach , BLANK ROME LLP, Washington, D.C., for Appellants/Cross-Appellees.

Richard W. Smith , Ari S. Meltzer , Katherine C. Campbell , Scott A. Felder , WILEY REIN LLP, Washington, D.C., for Appellee/Cross-Appellant.

Chad A. Readler , Acting Assistant Attorney General, Sharon Swingle , Benjamin M. Shultz , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Stephen M. Schenning , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Amicus Curiae.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Keenan and Judge Thacker joined.


These appeals arise from a contract dispute between a United States defense contractor, BAE Systems Technology Solutions & Services, Inc. (BAE), and the Republic of Korea and its Defense Acquisition Program Administration (collectively Korea). BAE sought a declaratory judgment that it had not breached any contractual...

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