United States Court of Federal Claims

United States Court of Federal Claims
US-CourtOfFederalClaims-Seal.svg

The United States Court of Federal Claims (in case citations, Fed. Cl. or C.O.F.C.) is a United States federal court that hears monetary claims against the U.S. government. The court is established pursuant to Congress's authority under Article One of the United States Constitution. Unlike judges of courts established under Article Three of the United States Constitution, judges on the Court of Federal Claims do not have life tenure (see Article I and Article III tribunals). Instead they serve for 15-year terms[1] and are eligible for reappointment. The sixteen judges of the court are nominated by the President and confirmed by the Senate.[2]

The court house of the Court of Federal Claims is situated in the Howard T. Markey National Courts Building (on Madison Place across from the White House) in Washington, D.C.

Contents

History

The court was formed on October 1, 1982, as the United States Claims Court (in case citations, Cl. Ct.) and it is a successor to the trial division of the United States Court of Claims. The National Childhood Vaccine Injury Act of 1986 gave the court the authority to create an Office of Special Masters to receive and hear certain vaccine injury cases, and the jurisdiction to review those cases. On October 28, 1992, the name of the court was changed to the United States Court of Federal Claims.[3]

Jurisdiction

United States Court of Federal Claims on Madison Place in Washington, D.C.

The court has special jurisdiction, spelled out in 28 U.S.C. § 1491: it hears claims for money that arise from the United States Constitution, federal statutes, executive regulations, or an express or implied in fact contract with the United States Government, most notably under the Tucker Act. The court has concurrent jurisdiction with U.S. district courts, when the claim is for less than $10,000, by the provisions of 28 U.S.C. § 1346. Claims have a statute of limitations of six years from the time the claim first accrues [4]. This limitation is strictly construed by the court.

The court has concurrent jurisdiction involving contracts with the federal government, where a contractor has the option of choosing between filing suit with the court or with the agency Board of Contract Appeals. The general rule is that a contractor may either 1) file suit within 90 days with the agency Board of Contract Appeals or 2) file suit within one year with the court. A contractor, however, must choose which forum in which to file; a contractor cannot file suit with both the agency Board and with the court. (However, in a case where a contractor has filed with the Board, and the Government challenges the timeliness of the filing — the 90-day limit is statutory and cannot be extended — the contractor can file with the court within the one-year period to protect its claims.)

Unlike district courts, which generally only have jurisdiction over disputes in their geographic district, the COFC has jurisdiction over disputes wherever they occur in the country. To accommodate litigants, judges on the court may hold trials at local courthouses near where the disputes arise.

All trials at the court are bench trials, without juries. Because the court only hears cases against the Government, the United States is always the defendant in cases before the COFC.

The court receives a variety of claims against the government, including breach of contract claims, illegal exaction claims, takings claims under the 5th Amendment, claims involving military pay, claims for patent and copyright infringement against the government, federal tax refund claims, and protests regarding contract bidding procedures.

Orders and judgments from the court are appealed to the united State Court of Appeals for the Federal Circuit, which resides in the same building as the COFC.

Congressional references

The court also may hear congressional reference cases, which are cases referred to the court by either house of Congress. The judge serving as hearing officer renders a report as to the case's merits, which is reviewed by a panel of judges formed for that purpose. The report is forwarded back to the chamber of Congress requesting it.[5]

Judges

Current judges include:

  • Emily C. Hewitt, Chief Judge
  • Francis M. Allegra
  • Lawrence M. Baskir
  • Lawrence J. Block
  • Susan G. Braden
  • Lynn J. Bush
  • Edward J. Damich
  • Nancy B. Firestone
  • Marian Blank Horn
  • Charles F. Lettow
  • Christine Odell Cook Miller
  • George W. Miller
  • Margaret M. Sweeney
  • Thomas C. Wheeler
  • Mary Ellen Coster Williams
  • Victor J. Wolski

Senior Judges:

  • Eric G. Bruggink
  • Bohdan A. Futey
  • Robert H. Hodges, Jr.
  • Lawrence S. Margolis
  • James F. Merow
  • Loren A. Smith
  • John Paul Wiese
  • Robert J. Yock

Appeals

Judgments of the court may be appealed to the United States Court of Appeals for the Federal Circuit.

See also

Notes

Bibliography

  • The United States Court of Federal Claims handbook and procedures manual by David B. Stinson. 2nd ed. Washington, D.C.: Bar Association of the District of Columbia, 2003.
  • The United States Court of Federal Claims : a deskbook for practitioners by United States Court of Federal Claims Bar Association. 4th ed. Washington, D.C.: The Bar Association, 1998.

External links


Wikimedia Foundation. 2010.

Поможем решить контрольную работу

Look at other dictionaries:

  • United States Court of Federal Claims — n: a federal court having nationwide trial jurisdiction over claims against the United States see also federal circuit ◇ The claims over which this court has jurisdiction include those based on the Constitution, acts of Congress, regulations of… …   Law dictionary

  • United States Court of Federal Claims — ▪ United States court formerly  United States Claims Court        court established by act of Congress of October 1, 1982, to handle cases in which the United States or any of its branches, departments, or agencies is a defendant. The court has… …   Universalium

  • United States Court of Appeals for the Federal Circuit — Established 1982 Jurisdiction United States (specific subject matter) …   Wikipedia

  • United States Court of Claims — The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855 as the Court of Claims, renamed in 1948 to the United States Court of Claims (67 Stat. 226), and abolished in… …   Wikipedia

  • United States court of appeals — The United States courts of appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some… …   Wikipedia

  • United States Court of Appeals for Veterans Claims — Seal of the U.S. Court of Appeals for Veterans Claims The United States Court of Appeals for Veterans Claims is a federal court of record that was established under Article I of the United States Constitution. The court has exclusive national… …   Wikipedia

  • United States Court of International Trade — The James L. Watson Court of International Trade Building on Foley Square The United States Court of International Trade is an Article III court, with full powers in law and equity. The Customs Court Act of 1980 replaced the old United States… …   Wikipedia

  • United States Court of Customs and Patent Appeals — The United States Court of Customs and Patent Appeals (CCPA) is a former United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes. Contents 1 History 2 Judges 3 Bibliography 4 …   Wikipedia

  • United States federal courts — United States This article is part of the series: Politics and government of the United States …   Wikipedia

  • United States copyright law — governs the legally enforceable rights of creative and artistic works in the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution. The power to enact copyright law is granted in… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”