Surviving Motions To Dismiss Under Section 1500

Law360, New York (December 14, 2012, 12:42 PM EST) -- When a plaintiff files a lawsuit alleging that the federal government unlawfully took private property without providing just compensation, it usually does so at the U.S. Court of Federal Claims (CFC), which ordinarily has exclusive jurisdiction over such claims.[1]

The court’s otherwise exclusive jurisdiction is limited by an obscure jurisdictional statute found at 28 U.S.C. § 1500. The statute precludes jurisdiction in the CFC if the plaintiff’s lawsuit is based on substantially the same operative facts as a lawsuit the plaintiff has pending elsewhere.[2] The statute...
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