United States v. Tohono O'Odham Nation

Supreme Court reversal of Federal Circuit decision regarding CFC jurisdiction

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The Supreme Court today held that Section 1500--which requires the Court of Federal Claims to dismiss any lawsuit that is the subject of a pending lawsuit against the United States--when the lawsuits are based on the same operative facts. The Federal Circuit had held that the same operative facts did not apply if the relief sought in the two lawsuits was different. The Federal Circuit based its interpretation in part on the hardship that arose from a strict interpretation of the provision. The Supreme Court rejected the Federal Circuit's intepretation, explaining that the court has no "liberty to add an exception . . . to remove apparent hardship."

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Reference Info:Decision | Federal, U.S. Supreme Court | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

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