Hercules Incorporated v. United States

516 U.S. 417 (1996)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
H
From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

Hercules Incorporated v. United States

United States Supreme Court
516 U.S. 417 (1996)

  • Written by Liz Nakamura, JD

Facts

Hercules Incorporated (plaintiff) entered into a fixed-price contract with the federal government (defendant) to produce Agent Orange, a phenoxy herbicide, for use in military operations in Southeast Asia during the Vietnam War. Hercules produced and stored Agent Orange in accordance with detailed specifications provided by the government. It was undisputed that Hercules fully complied with all government specifications. Hercules’s contract ended in 1968. In the late 1970s, Hercules, along with the other contractors that produced Agent Orange, was sued in a class-action tort lawsuit brought by Vietnam War veterans and their families for damages related to health problems caused by Agent Orange. Hercules, along with the other contractors, settled the class action in 1984. Hercules’s share of the settlement was over $18.7 million. Hercules sued the government in the United States Court of Claims seeking reimbursement under the government’s warranty of specifications for both the $18.7 million Hercules paid to the settlement fund and the $9 million in legal fees Hercules incurred defending and settling the class action. The government moved for summary judgment, which the Court of Claims granted. Hercules appealed to the Federal Circuit, which affirmed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Rehnquist, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 791,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 791,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 791,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Contracts

Key Terms