Keene Corp. v. United States, 508 U.S. 200, 16 (1993)

Page:   Index   Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Cite as: 508 U. S. 200 (1993)

Opinion of the Court

III

Finally, Keene takes the tack that if we adopt the Court of Appeals's construction of § 1500, we will be announcing "a new rule of law" that ought to be applied only prospectively under the test set out in Chevron Oil Co. v. Huson, 404 U. S. 97 (1971). Brief for Petitioner 42-43. Even assuming that this call for "pure prospectivity," see James B. Beam Distilling Co. v. Georgia, 501 U. S. 529, 544 (1991) (opinion of Souter, J.), might fairly fall within the questions presented,10 there is no need to address it because, as the Government points out, Keene's claims were dismissed under well-settled law.

The Court of Appeals, to be sure, announced that it was overruling five cases: Tecon Engineers, Inc. v. United States, 170 Ct. Cl. 389, 343 F. 2d 943 (1965), cert. denied, 382 U. S. 976 (1966); Casman v. United States, 135 Ct. Cl. 647 (1956); Boston Five Cents Savings Bank, FSB v. United States, 864 F. 2d 137 (CA Fed. 1988); Brown v. United States, 175 Ct. Cl. 343, 358 F. 2d 1002 (1966) (per curiam); and Hossein v. United States, 218 Ct. Cl. 727 (1978) (per curiam). And while Keene contends that nothing less than these repudiations of precedent would have sufficed to dismiss its suits, we read the five cases as supporting neither Keene's position that the Court of Federal Claims had jurisdiction over its cases nor its plea for pure prospectivity of the overruling decision.

Johns-Manville Corp., supra, at 1562-1563; Los Angeles Shipbuilding & Drydock Corp. v. United States, 138 Ct. Cl. 648, 652, 152 F. Supp. 236, 238 (1957); Hill v. United States, 8 Cl. Ct. 382, 386-388 (1985). Accordingly, Keene's appeal to "well-established law" is misplaced.

10 The questions on which we granted certiorari contain no direct mention of prospectivity, see Pet. for Cert. i, although Keene did argue in its petition that Tecon Engineers should be overruled only prospectively, see Pet. for Cert. 13, and the Court of Appeals did consider, and reject, the argument that its ruling should only be prospectively applied, see 962 F. 2d, at 1025.

215

Page:   Index   Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: October 4, 2007