HOME

TheInfoList



OR:

The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a
United States federal court The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...
that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, and took its current name in 1992. The court is the successor to trial division of the
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, renamed in 1948 to the United States Court of Claims (), and abolished in 1982. Then, its jurisdiction was assumed by the n ...
, which was established in 1855. The courthouse of the Court of Federal Claims is situated in the
Howard T. Markey National Courts Building The Howard T. Markey National Courts Building (formerly the National Courts Building) is a courthouse in Washington, D.C., which houses the United States Court of Federal Claims and the United States Court of Appeals for the Federal Circuit. It ...
(on
Madison Place Madison Place is a one-block street located in northwest Washington, D.C., across from the White House. It forms the eastern border of Lafayette Square (the northernmost part of President's Park) between Pennsylvania Avenue and H Street NW. Bui ...
across from the
White House The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in 1800. ...
) in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...


History


Court of Claims (1855–1982)

The court traces its origins directly back to 1855, when Congress established the
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, renamed in 1948 to the United States Court of Claims (), and abolished in 1982. Then, its jurisdiction was assumed by the n ...
to provide for the determination of private claims against the United States government. The legislation was signed into law on February 24, 1855, by President
Franklin Pierce Franklin Pierce (November 23, 1804October 8, 1869) was the 14th president of the United States, serving from 1853 to 1857. He was a northern Democrat who believed that the abolitionist movement was a fundamental threat to the nation's unity ...
. Throughout its 160-year history, although it has undergone notable changes in name, size, scope of jurisdiction, and procedures, its purpose has remained the same: in this court the federal government stands as the defendant and may be sued by citizens seeking monetary redress. For this reason, the court has been referred to as the "keeper of the nation's conscience" and "the People's Court." As originally in 1855, the court lacked the essential judicial power to render final judgments. This oversight was resolved by legislation passed in 1866, in response to President Abraham Lincoln's insistence in his Annual Message to Congress in 1861 that, "It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same, between private individuals." In 1887, Congress passed the
Tucker Act The Tucker Act (March 3, 1887, ch. 359, , ) is a federal statute of the United States by which the United States government has waived its sovereign immunity with respect to certain lawsuits. The Tucker Act may be divided into the "Big" Tucker A ...
, which significantly expanded the court's jurisdiction to include all claims against the government except tort, equitable, and admiralty claims. The court thus today has nationwide jurisdiction over most suits for monetary claims against the government and sits, without a jury, to determine issues of law and fact. The general jurisdiction of the court, described in 28 U.S.C. § 1491, is over claims for just compensation for the taking of private property, refund of federal taxes, military and civilian pay and allowances, and damages for breaches of contracts with the government. The court also possesses jurisdiction over claims for patent and copyright infringement against the United States, as well as over certain suits by Indian tribes. Additionally, the court has jurisdiction to hear both pre-award and post-award bid protest suits by unsuccessful bidders on government contracts. A unique aspect of the court's jurisdiction throughout its history has been the authority to act on congressional references of legislative proposals for compensation of individual claims. As eventually codified in 28 U.S.C. § 1492, either House of Congress may refer a bill to the Chief Judge of the court for an investigation and a report to Congress. A judge of the court is assigned to act as the hearing officer and preside over the judicial proceedings. Then a three-judge review panel submits a report to Congress for its consideration and disposition of such claims for compensation. Befitting its unique role, the court has been located throughout its history in Washington, D.C., in the vicinity of the White House or in the U.S. Capitol Building. It first met in May 1855 at Willard's Hotel. In July of that year, it moved into the Capitol. After briefly using the Supreme Court's chamber in the basement of the Capitol, it then acquired its own rooms there. In 1879, the court obtained space on the ground floor of the Freedman's Bank Building, which stood at the place now occupied by the Treasury Annex, adjacent to the southeast corner of Lafayette Park. Two decades later, in 1899, the court moved to the building formerly occupied by William Corcoran's art collection across Lafayette Park at the intersection of 17th Street and Pennsylvania Avenue. It remained there for 65 years. This building was designed by, and is presently named for, the architect James Renwick, who also designed the Smithsonian Institution's Castle on the National Mall and St. Patrick's Cathedral in New York City. When the facilities there were deemed inadequate by the mid-1950s, the court asked Congress for a new location. Eventually, the site at 717 Madison Place, NW, was chosen and the court moved to its present home on August 1, 1967. The court's original composition of three judges was expanded to five in 1863. They would consider evidence proffered by claimants and weigh testimony taken by permanent or special commissioners employed by the court, who were dispersed across the United States. One of the first commissioners was
Benjamin Harrison Benjamin Harrison (August 20, 1833March 13, 1901) was an American lawyer and politician who served as the 23rd president of the United States from 1889 to 1893. He was a member of the Harrison family of Virginia–a grandson of the ninth pr ...
of Indiana, who would later become President. If oral argument was requested, the five judges would hear the case en banc. Appeal to the Supreme Court was by right if the amount in dispute was over $3,000. The growth in government caused by and coinciding with World War I made the system unworkable, as the number of filed cases increased considerably. In 1925, legislation enacted by Congress at the request of the court created a separate trial division of seven commissioners and elevated the five judges to an appellate role. Initially, the trial commissioners would function as
special master In the law of the United States, a special master is generally a subordinate official appointed by a judge to ensure judicial orders are followed, or in the alternative, to hear evidence on behalf of the judge and make recommendations to the jud ...
s in chancery and conduct formal proceedings either at the court's home in Washington, D.C., or elsewhere in the United States in a court facility amenable to the parties. The trial procedures evolved to resemble a non-jury civil trial in district court. In 1948, the commissioners were authorized to make recommendations for conclusions of law. The number of commissioners was increased in 1953 to 15. In 1966, Congress provided that there would be seven appellate judges to be appointed by the President with life tenure. In 1973, the title of the commissioners was changed to trial judge and by 1977, the Court of Claims had 16 trial judges who conducted trials of cases in the first instance. Judgments, which are required to be paid out of appropriations by Congress, were originally paid by individual appropriations passed separately or as part of other appropriations bills. In 1955, Congress provided for a standing appropriation for judgments of $100,000 or less. Finally, in 1977, Congress created a permanent, indefinite appropriation for all judgments awarded by the court.


Current institution (since 1982)

The
Federal Courts Improvement Act The Federal Courts Improvement Act, 96 Stat. 25., was a law enacted by the United States on April 2, 1982 which established the United States Court of Appeals for the Federal Circuit and the United States Claims Court (later changed to the United S ...
of 1982 created the modern court.(§105, §165 & §167, Federal Courts Improvement Act of 1982, P.L. 97-164, , 50). While the appellate division of the Court of Claims was combined with the United States Court of Customs and Patent Appeals to comprise the new
United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of ...
, the trial division of the Court of Claims became the United States Claims Court (and in 1992, the name was changed to the United States Court of Federal Claims). Appeals from the Court of Federal Claims are taken to the United States Court of Appeals for the Federal Circuit and a judgment there is conclusive unless reviewed by the Supreme Court on writ of certiorari. Decisions of the Court of Claims are binding precedent on both its appellate and trial court successors. The court, as now constituted, consists of 16 judges, appointed by the President and subject to confirmation by the U.S. Senate for terms of 15 years. In addition, judges who have completed their statutory terms of office are authorized to continue to take cases as senior judges of the court. This ongoing tenure serves as a mechanism to ensure judicial impartiality and independence. In recent years, the court's docket has been increasingly characterized by complex, high-dollar demands, and high-profile cases in such areas as, for example, the savings and loan crisis of the 1980s, the World War II internment of Japanese-Americans, and the federal repository of civilian spent nuclear fuel. Nevertheless, despite the nature of the claim, the notability of the claimant, or the amount in dispute, the Court of Federal Claims acts as a clearing house when the government must settle with those it has legally wronged. As observed by former Chief Judge
Loren A. Smith Loren A. Smith (born December 22, 1944) is a senior judge of the United States Court of Federal Claims. He served as the court's Chief Judge from 1986 to 2000. Early life, education, and career Smith was born on December 22, 1944, in Chicago ...
, the court is the institutional scale that weighs the government's actions against the standard measure of the law and helps make concrete the spirit of the First Amendment's guarantee of the right "to petition the Government for redress of grievances." The
National Childhood Vaccine Injury Act The National Childhood Vaccine Injury Act (NCVIA) of 1986 (42 U.S.C. §§ 300aa-1 to 300aa-34) was signed into law by United States President Ronald Reagan as part of a larger health bill on November 14, 1986. NCVIA's purpose was to eliminate t ...
of 1986 gave the court the authority to create an Office of
Special Master In the law of the United States, a special master is generally a subordinate official appointed by a judge to ensure judicial orders are followed, or in the alternative, to hear evidence on behalf of the judge and make recommendations to the jud ...
s to receive and hear certain vaccine injury cases, and the jurisdiction to review those cases. This vaccine injury jurisdiction has been enlarged in recent years to encompass claims stemming from a number of additional vaccines, including, for example, varicella, hepatitis B, and influenza. Though a provision of the Administrative Dispute Resolution Act of 1996 gave the Court of Federal Claims and U.S. districts courts concurrent jurisdiction over post-award protests, subsequent legislation provided that, as of January 2001, that the United States Court of Federal Claims would be the exclusive judicial forum for post-award bid protest litigation. In 2006, the court rendered judgments in more than 900 cases and awarded $1.8 billion in damages.


Jurisdiction

The court has
special jurisdiction Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters. Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing autho ...
, spelled out in : it hears claims for monetary damages that arise from the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, federal statutes, executive regulations, or an express or
implied in fact contract An implied-in-fact contract is a form of an implied contract formed by non-verbal conduct, rather than by explicit words. The United States Supreme Court has defined "an agreement 'implied in fact'" as "founded upon a meeting of minds, which, alth ...
with the United States Government, most notably under the
Tucker Act The Tucker Act (March 3, 1887, ch. 359, , ) is a federal statute of the United States by which the United States government has waived its sovereign immunity with respect to certain lawsuits. The Tucker Act may be divided into the "Big" Tucker A ...
. The court is established pursuant to Congress's authority under
Article One of the United States Constitution Article One of the United States Constitution establishes the legislative branch of the Federal government of the United States, federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of ...
. The court has concurrent jurisdiction with
U.S. district courts The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
, when the claim is for less than $10,000, by the provisions of . Claims have a
statute of limitations A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In m ...
of six years from the time the claim first accrues. 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 CFC 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 trial A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
s, without juries. Because the court only hears cases against the Government, the United States is always the defendant in cases before the CFC. The court receives a variety of claims against the government, including
breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party ...
claims, illegal exaction claims, takings claims under the
5th Amendment Fifth Amendment may refer to: * Fifth Amendment to the United States Constitution, part of the Bill of Rights, which protects against the abuse of government authority in legal proceedings *Fifth Amendment of the Constitution of India, 1955 amendme ...
, claims involving military pay, claims for
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
and
copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...
against the government, federal tax refund claims, and protests regarding contract bidding procedures. According to the Court, tax refund suits make up a quarter of the claims brought before it, although the court exercises concurrent jurisdiction with United States district courts in this area. Orders and judgments from the court are appealed to the
United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of ...
, which resides in the same building as the CFC. This court does not have jurisdiction in claims arising under the
Federal Tort Claims Act The Federal Tort Claims Act (August 2, 1946, ch.646, Title IV, 28 U.S.C. Part VI, Chapter 171and ) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by person ...
, which are heard in the appropriate venue
United States district court The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
, 28 USC § 1346(b)(1), nor judicial review of the decisions of the
Board of Veterans' Appeals The Board of Veterans' Appeals (BVA) is an administrative tribunal within the United States Department of Veterans Affairs (VA), located in Washington, D.C. Established by Executive Order on July 28, 1933, it determines whether U.S. military vet ...
. Certain procedural differences accrue due to the different jurisdiction, e.g., under the FTCA, the statute of limitations runs two years from the date of the tortious occurrence, or six months from the final denial of administrative relief. See:
Exhaustion of remedies The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or remedies have been exhausted (pursued as fully as possible) in the original one. The doctrine was originally cre ...
.


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.


Judges

Unlike judges of courts established under
Article Three of the United States Constitution Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congres ...
, judges on the Court of Federal Claims do not have
life tenure A life tenure or service during good behaviour is a term of office that lasts for the office holder's lifetime, unless the office holder is removed from office for cause under misbehaving in office, extraordinary circumstances or decides personall ...
(see
Article I and Article III tribunals Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article may also refer to: G ...
). Instead, they serve for 15-year terms and are eligible for reappointment. The
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
appoints the judges of the U.S. Court of Federal Claims with the Senate's
advice and consent Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previo ...
. The judges are removable by the U.S. Court of Appeals for the Federal Circuit for "incompetency, misconduct, neglect of duty, engaging in the practice of law, or physical or mental disability."


Current composition of the court

:


Vacancies and pending nominations


Former judges


Chief judges


Succession of seats


See also


Rules and Forms
*
Federal Tort Claims Act The Federal Tort Claims Act (August 2, 1946, ch.646, Title IV, 28 U.S.C. Part VI, Chapter 171and ) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by person ...
*
Tucker Act The Tucker Act (March 3, 1887, ch. 359, , ) is a federal statute of the United States by which the United States government has waived its sovereign immunity with respect to certain lawsuits. The Tucker Act may be divided into the "Big" Tucker A ...
*
United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of ...
*
New York Court of Claims The New York State Court of Claims is the court of the New York State Unified Court System which handles all claims against the State of New York and certain state agencies. Judges Judges of the Court of Claims are appointed by the Governor of ...


References


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.


Further reading


The Jurisdiction of the Court of Federal Claims and Forum Shopping in Money Claims Against the Federal Government


External links


Website of the United States Court of Federal Claims


{{DEFAULTSORT:United States Court of Federal Claims Federal claims Aboriginal title in the United States Federal sovereign immunity in the United States Government procurement in the United States 1855 establishments in the United States Courts and tribunals established in 1855