Quimbee logo
DMCA.com Protection Status

United States Marine v. United States

722 F.3d 1360 (2013)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

United States Marine v. United States

United States Court of Appeals for the Federal Circuit

722 F.3d 1360 (2013)

Facts

United States Marine, Inc. (US Marine) (plaintiff) supplied the design for a Mark V military boat to VT Halter Marine, Inc. (VT Halter). VT Halter contracted with the United States Navy (Navy) (defendant) to develop prototypes of two military boats, one of which was based on US Marine’s design. As required by regulations governing rights in technical data, VT Halter marked the design drawings and data that it submitted to the Navy with a limited-rights legend. Several years later, without VT Halter’s or US Marine’s consent, the Navy disclosed those design drawings and technical data, stamped with the limited-rights legend, to the participants in a joint venture to improve the Mark V design. US Marine sued the Navy in federal district court under the Federal Tort Claims Act (FTCA), alleging that the Navy had tortiously misappropriated US Marine’s trade secrets. The district court denied the Navy’s motion to dismiss, which argued that US Marine’s claim sounded in contract, not tort, and could, therefore, be heard only in the United States Court of Federal Claims (claims court) pursuant to 28 U.S.C. § 1491(a)(1). The Navy then filed a third-party complaint against VT Halter, and VT Halter filed a counterclaim, advancing the same tort theory as US Marine. The district court entered judgment in favor of US Marine and VT Halter, and the Navy appealed. The United States Court of Appeals for the Fifth Circuit vacated the district court’s ruling, finding that US Marine was a subcontractor to the VT Halter–Navy contracts and that the district court lacked jurisdiction because both parties’ claims sounded in contract and could be heard only in the claims court. The district court then transferred the case to the claims court, and US Marine appealed.

Rule of Law

Issue

Holding and Reasoning (Taranto, 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 607,000 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 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 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 607,000 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
  • 34,000 briefs - keyed to 984 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