United States Court of Federal Claims















































United States Court of Federal Claims
(Fed. Cl.)
Seal of the United States Court of Federal Claims.svg
Location
Howard T. Markey National Courts Building
(Washington, D.C.)

Appeals to Federal Circuit
Established 1855
Authority Article I tribunal
Created by
Federal Courts Improvement Act
28 U.S.C. §§ 1491–1509
Composition method
Presidential nomination
with Senate advice and consent
Judges 16
Judge term length 15 years
Chief Judge Margaret M. Sweeney
www.uscfc.uscourts.gov

The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It is the direct successor to the United States Court of Claims, which was founded in 1855, and is therefore a revised version of one of the oldest federal courts in the country.


The courthouse 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






  • 1 History


  • 2 Jurisdiction


    • 2.1 Congressional references




  • 3 Judges


  • 4 Current Composition of the Court


  • 5 Vacancies and pending nominations


  • 6 Former judges


  • 7 Chief judges


  • 8 See also


  • 9 References


  • 10 Bibliography


  • 11 Further reading


  • 12 External links





History


The court traces its origins directly back to 1855, when Congress established the United States Court of Claims 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. 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, 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,[1] 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,[2] 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, DC, 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 of Indiana, who would later become President.[3] 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 masters in chancery and conduct formal proceedings either at the court's home in Washington, DC, 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.


The Federal Courts Improvement Act of 1982 created the modern court.[4] 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 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).[5] 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 up with those it has legally wronged. As observed by former Chief Judge Loren A. Smith, 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."[6]


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.[7] 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, spelled out in 28 U.S.C. § 1491: it hears claims for monetary damages[8] 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 is established pursuant to Congress's authority under Article One of the United States Constitution. 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.[9] 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.[10]


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 CFC.


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. 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, which resides in the same building as the CFC.


This court does not have jurisdiction in claims arising under the Federal Tort Claims Act, which are heard in the appropriate venue United States district court, 28 USC § 1346(b)(1), nor judicial review of the decisions of the Board of Veterans' Appeals. 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.



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.[11]



Judges


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[12] and are eligible for reappointment. The President appoints the judges of the U.S. Court of Federal Claims with the Senate's advice and consent.[13] 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." [14]



Current Composition of the Court


As of January 14, 2018, the judges of the court are as follows:












































































































































































































































































































Judge
Duty Station
Born
Appointed
Chief
Senior
Appointed by

Margaret M. Sweeney

Washington, D.C.
1955
2005–present
2018–present[15]


G.W. Bush (Judge)
Trump (Chief Judge)

Thomas C. Wheeler

Washington, D.C.
1948
2005–present



G.W. Bush

Patricia E. Campbell-Smith

Washington, D.C.
1966
2013–present
2013–2017[16][17]


Obama (Judge and Chief Judge)

Elaine D. Kaplan

Washington, D.C.
1955
2013–present



Obama

Lydia Kay Griggsby

Washington, D.C.
1968
2015–present



Obama
Vacant

Washington, D.C.





Vacant

Washington, D.C.





Vacant

Washington, D.C.





Vacant

Washington, D.C.





Vacant

Washington, D.C.





Vacant

Washington, D.C.





Vacant

Washington, D.C.





Vacant

Washington, D.C.





Vacant

Washington, D.C.





Vacant

Washington, D.C.





Vacant

Washington, D.C.






Robert J. Yock

inactive
1938
1983–1998

1998–present

Reagan

Loren A. Smith

Washington, D.C.
1939
1985–2000
1986–2000
2000–present

Reagan

Moody R. Tidwell, III

inactive
1939
1983–1998

1998–present

Reagan

Eric G. Bruggink

Washington, D.C.
1949
1986–2001

2001–present

Reagan

John Paul Wiese

Washington, D.C.
1934
1982–2001

2001–present

Reagan

Bohdan A. Futey

inactive
1939
1987–2002

2002–present

Reagan

Robert H. Hodges, Jr.

Washington, D.C.
1932
1990–2005

2005–present

G. H.W. Bush

Lynn J. Bush

Washington, D.C.
1948
1998–2013

2013–present

Clinton

Lawrence M. Baskir

inactive
1938
1998–2013
2000–2002
2013–present

Clinton

Edward J. Damich

Washington, D.C.
1948
1998–2013
2002–2009
2013–present

Clinton (Judge)
Bush (Chief Judge)

Nancy B. Firestone

Washington, D.C.
1951
1998–2013

2013–present

Clinton

Susan G. Braden

Washington, D.C.
1948
2003–2018
2017–2018
2018–present

G.W. Bush (Judge)
Trump (Chief Judge)

Marian Blank Horn

Washington, D.C.
1943
1986–2001
2003–2018

2018–present

Reagan
G.W. Bush (reappointment)

Charles F. Lettow

Washington, D.C.
1941
2003–2018

2018–present

G.W. Bush

Mary Ellen Coster Williams

Washington, D.C.
1953
2003–2018

2018–present

G.W. Bush

Victor J. Wolski

Washington, D.C.
1962
2003–2018

2018–present

G.W. Bush


Vacancies and pending nominations










































































Seat last held by
Vacancy reason
Date of vacancy
Nominee
Date of nomination

Lynn J. Bush

Senior Status
October 21, 2013

David A. Tapp
March 5, 2019

Emily C. Hewitt
Retirement

Matthew H. Solomson

Edward J. Damich

Senior Status





Nancy B. Firestone

Ryan T. Holte
January 23, 2019

George W. Miller
Retirement
August 7, 2013

Richard Hertling

Lawrence J. Block
January 8, 2016





Marian Blank Horn

Senior Status
March 9, 2018





Susan G. Braden
July 13, 2018





Victor J. Wolski
July 14, 2018





Charles F. Lettow





Mary Ellen Coster Williams






Former judges




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
























































































































































































































































































































































#
Judge
State
Born–died
Active service

Chief Judge

Senior status
Appointed by
Reason for
termination


Alex Kozinski

1950–present
1982–1985
1982–1985


Reagan (Judge and Chief Judge)
elevated to the Ninth Circuit


Joseph V. Colaianni

1933–present
1982–1984


reassigned from U.S. Court of Claims
(Nixon)
retirement


Lloyd Fletcher

1915–1991
1982–1982

1982–1991
reassigned from U.S. Court of Claims
(Eisenhower)
death


Kenneth R. Harkins

1921–2009
1982–1986

1986–2009
reassigned from U.S. Court of Claims
(Nixon)
death


Haldane Robert Mayer

1941–present
1982–1987



Reagan
elevated to the Federal Circuit


Roald A. Hogenson

1913–1987
1982–1983

1983–1987
reassigned from U.S. Court of Claims
(Truman)
death


Harry E. Wood

1926–2009
1982–1986

1986–1986
reassigned from U.S. Court of Claims
(Nixon)
retirement


Judith Ann Yannello

1943–present
1982–1987


reassigned from U.S. Court of Claims
(Carter)
retirement


Philip R. Miller

1918–1989
1982–1986

1986–1989
reassigned from U.S. Court of Claims
(Nixon)
death


David Schwartz

1916–1989
1982–1982

1982–1989
reassigned from U.S. Court of Claims
(Johnson)
death


Robert M. M. Seto

1936–present
1982–1987


reassigned from U.S. Court of Claims
(Reagan)
retirement


Louis Spector

1918–2003
1982–1983

1983–1985
reassigned from U.S. Court of Claims
(Reagan)
retirement


Mastin G. White

1901–1987
1982–1982

1982–1987
reassigned from U.S. Court of Claims
(Eisenhower)
*reappointed to active service in 1982 by Reagan
death


George Willi

1924–2016
1982–1982

1982–1985
reassigned from U.S. Court of Claims
(Johnson)
retirement


Thomas J. Lydon

1927–2012
1982–1987

1987–2012

Reagan
death


Lawrence Margolis

1935–2017
1982–1997

1997–2017

Reagan
death


Reginald W. Gibson

1927–2018
1982–1995

1995–2018

Reagan
death


James F. Merow

1932–2016
1982–1998

1998–2016
reassigned from U.S. Court of Claims
(Carter)
death


John Light Napier

1947–present
1986–1989



Reagan
retirement


Wilkes C. Robinson

1925–2015
1987–1997

1997–2015

Reagan
death


Roger Barry Andewelt

1946–2001
1987–2001



Reagan
death


James T. Turner

1938–present
1987–2002

2002–present

Reagan



Randall Ray Rader

1949–present
1988–1990



Reagan
elevated to the Federal Circuit


Christine Odell Cook Miller

1944–present
1982–2013

2013–2013

Reagan
Clinton (reappointment)
retirement


Diane Gilbert Sypolt

1947–present
1990–2005

2005–2005

George H. W. Bush
retirement


Emily C. Hewitt

1944–present
1998–2013
2009–2013


Clinton (Judge)
Obama (Chief Judge)
retirement


Francis Allegra

1957–2015
1998–2013

2013–2015

Clinton
death


Sarah L. Wilson

1959–present
2001–2002



Clinton (recess appointment)
not confirmed by the Senate


Lawrence J. Block

1951–present
2002–2016



George W. Bush
retirement


George W. Miller

1941–2016
2004–2013



George W. Bush
retirement


Chief judges




































Chief Judge
Kozinski 1982–1985
L. Smith 1986–2000
Baskir 2000–2002
Damich 2002–2009
Hewitt 2009–2013
P. Smith 2013–2017
Braden 2017–2018
Sweeney 2018–present


See also



  • Rules and Forms

  • Federal Tort Claims Act

  • Tucker Act

  • United States Court of Appeals for the Federal Circuit

  • New York Court of Claims



References





  1. ^ 28 U.S.C. § 1491


  2. ^ 28 U.S.C. § 1492


  3. ^ Cowen, Wilson; Philip Nichols, Jr.; Marion T. Bennett (1978). The United States Court of Claims: A History; Part II: Origin, Development, Jurisdiction, 1855–1978. Washington, D.C.: Committee on the Bicentennial of Independence and the Constitution of the Judicial Conference of the United States. p. 92..mw-parser-output cite.citation{font-style:inherit}.mw-parser-output .citation q{quotes:"""""""'""'"}.mw-parser-output .citation .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/6/65/Lock-green.svg/9px-Lock-green.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .citation .cs1-lock-limited a,.mw-parser-output .citation .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Lock-gray-alt-2.svg/9px-Lock-gray-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .citation .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Lock-red-alt-2.svg/9px-Lock-red-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-ws-icon a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/4/4c/Wikisource-logo.svg/12px-Wikisource-logo.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:inherit;padding:inherit}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-maint{display:none;color:#33aa33;margin-left:0.3em}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}


  4. ^ (§105, §165 & §167, Federal Courts Improvement Act of 1982, P.L. 97-164, 96 Stat. 25, 50).


  5. ^ Court History Brochure


  6. ^ http://www.uscfc.uscourts.gov/sites/default/files/court_info/Court_History_Brochure.pdf


  7. ^ 42 U.S.C. § 300aa-12


  8. ^ Gregory C. Sisk, Michael F. Noone, Litigation with the Federal Government (2006), p. 246: "Even today, the traditional money claim under the Tucker Act remains the grist for the Court of Federal Claims mill. The Court of Federal Claims does not have general authority to grant equitable remedies, such as injunctions or specific performance in contract".


  9. ^ 28 U.S.C. § 2501


  10. ^ 28 USC § 2505: "Any judge of the United States Court of Federal Claims may sit at any place within the United States to take evidence and enter judgment".


  11. ^ 28 U.S.C. § 1492, 28 U.S.C. § 2509


  12. ^ 28 U.S.C. § 172


  13. ^ 28 U.S.C. § 171


  14. ^ 28 U.S.C. § 176(a)


  15. ^ "President Trump Designates Judge Margaret M. Sweeney as Chief Judge of the U.S. Court of Federal Claims". The United States Court of Federal Claims. The United States Court of Federal Claims. Retrieved July 20, 2018.


  16. ^ "President Obama Designates Judge Patricia E. Campbell-Smith to Serve as Chief Judge of the U.S. Court of Federal Claims". The White House. Office of the Press Secretary. Retrieved January 13, 2014.


  17. ^ "President Trump Designates Judge Susan G. Braden as Chief Judge of the U.S. Court of Federal Claims". The United States Court of Federal Claims. The United States Court of Federal Claims. Retrieved March 17, 2017.




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 Monitary Claims Against the Federal Government


External links



  • Website of the United States Court of Federal Claims

  • Papers of Franklin M. Stone, former judge, U.S. Court of Claims, Dwight D. Eisenhower Presidential Library








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