Lockheed Martin 2005 Annual Report Download - page 69
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LockheedMartinCorporation
On June 10, 2003, Lockheed Martin filed a civil com-
plaint in the United States District Court for the Middle
District of Florida in Orlando against The Boeing Company
(Boeing) and various individuals. On May 24, 2004, the
Corporation filed an amended and supplemental complaint,
whichpresentlyallegesthatthedefendantssolicited,acquired
and used Lockheed Martin’s proprietary information during
thecompetitionforawardsundertheU.S.AirForce’sEvolved
Expendable Launch Vehicle (EELV) programs and others in
violationofFederalandstatelaws.OnAugust9,2004,Boeing
filed a six-count counterclaim. The counterclaim alleges tor-
tiousinterferencewithbusinessandcontract,unfairanddecep-
tive trade practices under Florida law, and false advertising
undertheLanhamAct,basedontheCorporation’spurported
disclosuretotheU.S.AirForceandthegovernmentofBoeing’s
possession and use of Lockheed Martin’s documents in the
EELVandothercompetitions.Inconnectionwiththeproposed
formation of United Launch Alliance (see Note 2), Boeing
and Lockheed Martin have agreed, simultaneous with the
closingofthetransaction,thattheywillimmediatelydismiss
allclaimsagainsteachother.OnMay5,2005,uponmotions
of Boeing and the Corporation, the U.S. District Court
suspended all activity in the cases pending the outcome of
thetransaction.
On July28, 2003,BAE SYSTEMS NorthAmerica, Inc.
and BAE SYSTEMS Information and Electronic Systems
Integration,Inc.filedalawsuitagainsttheCorporationinthe
ChanceryCourtforNewCastleCountyinDelaware,seeking
damagesofnotlessthan$40million.BAEsoughtindemnifi-
cation from Lockheed Martin for BAE’s payment of a civil
judgmententeredin2001andrelatedcostsarisingfromalaw-
suitinvolvingoneoftheAerospaceElectronicsSystemsbusi-
nessespurchasedbyBAEfromtheCorporationinNovember
2000. As a result of a settlement reached by the parties on
November18,2005,thelawsuitwasdismissed.
NinelawsuitswerefiledagainsttheCorporationasaresult
ofanincidentinJuly2003atitsaircraftpartsmanufacturing
facilityinMeridian,Mississippi,whichresultedin thedeaths
ofsevenofitsemployeesandthewoundingofeightothers.Six
of the lawsuits were filed in the U.S. District Court for the
SouthernDistrictofMississippi,andthreelawsuitswerefiled
in the Circuit Court of Lauderdale County, Mississippi.
The lawsuits allege various torts, including wrongful death,
intentional infliction of injury, negligent supervision, inten-
tional infliction of emotional distress and, in the case of the
federal actions, racial or gender discrimination. On July 14,
2005,theU.S.CourtofAppealsfortheFifthCircuitreversed
the District Court’s decision denying our motion for partial
summary judgment in the Erica Willis Tanks v. Lockheed
Martin lawsuit and dismissed the wrongful death and other
statetortclaims.OnAugust26,2005,theDistrictCourtdis-
missed the wrongful death and other state tort claims in the
otherfivelawsuitspendingbeforeit.Oneofthelawsuitsfiled
instatecourt,Fitzgeraldv.LockheedMartin,hassettled.
InalawsuitfiledintheU.S.DistrictCourtfortheNorthern
District of California, Space Systems Loral alleges that the
Corporation’sseriesA2100,3000,4000,5000and7000satel-
lites infringe a patent relating to a method and apparatus to
minimize attitude changes resulting from satellite thruster
operations.TheCorporationbelievesthatitssatellitesdonot
infringethepatentandisvigorouslydefendingthecase.
As described in the “Environmental Matters” discussion
below,LockheedMartinissubjecttofederalandstaterequire-
ments for protection of the environment, including those for
dischargeofhazardousmaterialsandremediationofcontami-
natedsites.Asaresult,theCorporationisapartytoorhasits
property subject to various other lawsuits or proceedings
involvingenvironmentalmatters.Dueinparttotheircomplex-
ityandpervasiveness,suchrequirementshaveresultedinthe
Corporation being involved with related legal proceedings,
claimsandremediationobligations.