Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

82 Citing briefs

  1. Colorado River Indian Tribes v. Kempthorne et al

    MEMORANDUM re MOTION to Dismiss

    Filed June 16, 2008

    Of course, the Tucker Act covers not only claims on contracts, but also “any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of Case 1:06-cv-02212-JR Document 42 Filed 06/16/2008 Page 48 of 64 - 46 - an executive department.” 28 U.S.C. § 1491(a). As discussed above, the Supreme Court has recognized that the Tucker Act, and its companion statute, the Indian Tucker Act, 28 U.S.C. § 1505, include claims for breach of trust relationships established by Congress.

  2. NEZ PERCE TRIBE et al v. KEMPTHORNE et al

    MEMORANDUM re MOTION to Dismiss for Lack of Jurisdiction

    Filed June 16, 2008

    Of course, the Tucker Act covers not only claims on contracts, but also “any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department.” 28 U.S.C. § 1491(a). As discussed above, the Supreme Court has recognized that the Tucker Act, and its companion statute, the Indian Tucker Act, 28 U.S.C. § 1505, include claims for breach of trust relationships established by Congress.

  3. Lourdes Specialty Hospital of Southern New Jersey v. Aetna, Inc. et al

    MOTION to Dismiss for Lack of Jurisdiction

    Filed May 12, 2017

    See, e.g., Orff v. United States, 545 U.S. 596, 601-02 (2005); United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003). Also as discussed above, actions like this one, seeking to recover more than $10,000 from the United States and/or its agencies or employees for alleged breach of contract, are governed by the Tucker Act, 28 U.S.C. § 1491. Several provisions of the Tucker Act are significant here.

  4. Woodruff v. United States Department of Transportation et al

    MOTION to Dismiss or in the Alternative, MOTION to Transfer Case

    Filed November 4, 2005

    This will cause plaintiff's complaint to easily exceed the "Big" Tucker Act threshold of $10,000. 28 U.S.C. §1491(a)(1). 7 determines that the equitable relief requested is "negligible in comparison" with the potential monetary recovery, or, there is no "independent valuable interest" in the non-monetary relief requested, the case should be dismissed or transferred to the CoFC.

  5. Evangelista v. Tolson et al

    MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim

    Filed June 16, 2017

    D. No Waiver of Sovereign Immunity Under the Tucker Act, 28 U.S.C. § 1491(a) or the Little Tucker Act, 28 U.S.C. § 1346(a)(2) To the extent the Court construes Plaintiff’s claim as a breach of contract claim, Plaintiff’s Complaint must be dismissed on Rule 12(b)(1) grounds because FEMA has not waived its sovereign immunity under the Tucker Act. Under the Tucker Act, 28 U.S.C. §1491(a), and the Little Tucker Act, 28 U.S.C. § 1346(a)(2), the United States and its agencies, such as FEMA, can be sued for breach of contract only by those who have contractual privity with the United States or, at the very least, can prove that they were a third-party beneficiary of the applicable contract. Erickson Air Crane Co. of Washington, Inc. v. United States, 731 F.2d 810, 813 (Fed. Cir.

  6. Flora v. The United States

    MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Jurisdiction

    Filed January 26, 2017

    III. Mr. Flora’s Underpayment Claims are Barred by the Statute of Limitations A. Mr. Flora’s Claims are Subject to the Tucker Act’s Waiver of Sovereign Immunity The Tucker Act waives sovereign immunity for non-tort based claims for money damages against the United States founded upon: (1) the Constitution; (2) an Act of Congress; (3) a Federal regulation; or (4) an express or implied contract with the United States. 28 U.S.C. § 1491(a)(1). The Tucker Act includes two statutes, which are frequently referred to as the Big Tucker Act and the Little Tucker Act.

  7. Flora v. The United States

    MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Jurisdiction

    Filed January 26, 2017

    III. Mr. Flora’s Underpayment Claims are Barred by the Statute of Limitations A. Mr. Flora’s Claims are Subject to the Tucker Act’s Waiver of Sovereign Immunity The Tucker Act waives sovereign immunity for non-tort based claims for money damages against the United States founded upon: (1) the Constitution; (2) an Act of Congress; (3) a Federal regulation; or (4) an express or implied contract with the United States. 28 U.S.C. § 1491(a)(1). The Tucker Act includes two statutes, which are frequently referred to as the Big Tucker Act and the Little Tucker Act.

  8. Almeida et al v. The United States Department of Housing and Urban Development et al

    MEMORANDUM OF LAW in Support re: 6 MOTION to Dismiss for Lack of Jurisdiction.. Document

    Filed August 15, 2008

    This Court also lacks subject matter jurisdiction over Plaintiffs’ remaining claims, for breach of contract, quantum meruit, and unjust enrichment. It is well-settled that the Tucker Act, 28 U.S.C. § 1491, provides exclusive jurisdiction in the Court of Federal Claims for actions based on express or implied contracts with the United States or its agencies, exceeding $10,000 Case 7:08-cv-04582-SCR Document 7 Filed 08/15/2008 Page 16 of 18 12 in damages. See Presidential Gardens, 175 F.3d at 141.

  9. Fredrickson v. Tollette et al

    MOTION to Dismiss Case for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction

    Filed April 3, 2017

    The US has waived sovereign immunity for such claims under the Tucker Act. 28 U.S.C. § 1491(a)(1). However, exclusive jurisdiction over Tucker Act claims for money damages of more than $10,000 rests in the Court of Federal Claims.

  10. Flora v. The United States

    MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , AND FOR A STAY

    Filed February 23, 2017

    JURISDICTION AND VENUE 13. This Court has jurisdiction pursuant to 28 U.S.C. § 1491. 14.