We have previously written on the need to reform 28 U.S.C. Section 1500—an outmoded Civil War-era statute that deprives the U.S. Court of Federal Claims (CFC) of jurisdiction over claims that, when filed, were based on the same “operative facts” as claims then pending in a district court. Both the American Bar Association and the Administrative Conference of the United States have recommended that Section 1500 be repealed. Read about the ABA’s resolution urging repeal here, and the ACUS recommendation in Marzulla Law’s January 2013 newsletter. Now, Emily S. Bremer, an Attorney Advisor to the Administrative Conference of the United States, and Jonathan R. Siegal, Professor of Law and Davis Research Fellow at the George Washington University Law School, have published an article in the Alabama Law Review titled Clearing the Path to Justice: The Need to Reform 28 U.S.C. § 1500.
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