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UNITED STATES v. TOHONO O'ODHAM NATION

Docket No.: 09-846
Certiorari Granted: 04/19/10
Argued: November 1, 2010
Decided: 04/26/11

Topics:

Administrative Procedure, Federal Tort Claims, equitable relief, res judicata, sovereign immunity

PartyNames: United States v. Tohono O'odham Nation
Petitioner: United States
Respondent: Tohono O'odham Nation

Court Below: United States Court of Appeals for the Federal Circuit
Citation: 559 F.3d 1284

United States
v.
Tohono O'odham Nation
Background:

Under 28 U.S.C. 1500, the Court of Federal Claims (CFC) does not have jurisdiction over "any claim for or in respect to which the plaintiff * * * has * * * any suit or process against the United States" or its agents "pending in any other court."

Question Presented:

Whether 28 U.S.C. 1500 deprives the CFC of jurisdiction over a claim seeking monetary relief for the government's alleged violation of fiduciary obligations if the plaintiff has another suit pending in federal district court based on substantially the same operative facts, especially when the plaintiff seeks monetary relief or other overlapping relief in the two suits.

Question:

A federal statute provides that the Court of Federal Claims lacks jurisdiction to hear a suit against the federal government raising a claim that is already being litigated against the government in another court. Does this provision apply when the plaintiff brings a lawsuit in both the Court of Federal Claims and another court based on the same set of facts, but seeks different forms of relief in the two cases?

Note:

JUSTICE KAGAN TOOK NO PART

UNITED STATES v. TOHONO O'ODHAM NATION
ORAL ARGUMENT

11/01/10

Listen to Oral Argument in UNITED STATES v. TOHONO O'ODHAM NATION
Holding: reversed and remanded
Vote: 7-1
Recused: J.,
Opinion By:
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