BioFunction, LLC v. United States

1 Citing brief

  1. Shupe v. General Services Administration

    MOTION to Dismiss for Lack of Jurisdiction

    Filed October 3, 2016

    The Court of Federal Claims has repeatedly recognized, though, that the Tucker Act’s waiver of sovereign immunity relating to claims “founded . . . upon any express or implied contract with the United States” does not extend to claims for unjust enrichment. See e.g. Lea v. U.S., 120 Fed. Cl. 440, 445 (2015); BioFunction LLC v. U.S., 92 Fed. Cl. 167, 174 (2010). As the Court of Claims explained in 1984, a claim for unjust enrichment “is not based upon a contract, but upon equitable doctrines.”