736 (1925). However, “the sovereign acts doctrine does not apply to ‘legislation targeting a class of contracts to which [the Government] is a party.’ ” Centex, 395 F.3d at 1306 (alteration in original) (quoting Winstar Corp., 518 U.S. at 898 n. 45, 116 S.Ct. 2432). As a precondition to excusing liability for breach under the sovereign acts doctrine, defendant bears the burden of showing that performance was impossible because of the legislation. See Mobil Oil Exploration & Producing Southeast, Inc. v. United States, 530 U.S. 604, 619, 120 S.Ct. 2423, 147 L.Ed.2d 528 (2000) (observing that, in Wins-tar, the court characterized the “‘sovereign acts’ doctrine [as] ... treating] certain laws as if they simply created conditions of impossibility”); Winstar, 518 U.S. at 904, 116 S.Ct. 2432 (<HOLDING>). If performance was indeed rendered
holding party in breach could not maintain suit for breach of contract holding that it may not holding that even if a sovereign act is implicated it does not follow that discharge will always be available for the commonlaw doctrine of impossibility imposes additional requirements before a party may avoid liability for breach holding that an act of legislature may be required to waive sovereign immunity holding that the trial court had subject matter jurisdiction over a commonlaw wrongful discharge claim