No person shall be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with a rule, regulation, or order issued pursuant to this chapter, notwithstanding that any such rule, regulation, or order shall thereafter be declared by judicial or other competent authority to be invalid. No person shall discriminate against orders or contracts to which priority is assigned or for which materials or facilities are allocated under subchapter I of this chapter or under any rule, regulation, or order issued thereunder, by charging higher prices or by imposing different terms and conditions for such orders or contracts than for other generally comparable orders or contracts, or in any other manner.
Notes of Decisions
Preemptive Effect of Def. Prod. Act Order on State Law (OLC 2026).
· cites it 12× “See 50 U.S.C. § 4557. Indeed, the DPA expressly contemplates reprioritizing contractual commitments for national-defense interests, notwithstanding that doing so may cause a party to breach its obligations under state contract law.”
Rucker v. Monsanto Co., No. 3:23-cv-00868 (S.D. Ill. May 17, 2023).
“The second federal defense Removing Defendants alleged in their Notice of Removal is 50 U.S.C.A. § 4557 (formerly 50 U.S.C. § 2157 ) which is commonly referred to as the Defense Production Act.”
Invictus Global Servs. Inc v. Insitu Inc, No. 1:21-cv-03161 (E.D. Wash. Mar. 2, 2022).
“” 50 U.S.C. § 4557 . Similarly, the common law doctrine of official 11 justification can apply as a defense where the challenged actions were taken on the 12 government’s behalf.”
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