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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 was established by statute in 1982 as the United States Claims Court, and took its current name in 1992.
Claims by contractors for more than $100,000 must be accompanied by a certification that (i) the claim is made in good faith, (ii) the supporting data are accurate and complete to the best of the contractor's knowledge and belief, (iii) the amount requested represents the contract adjustment for which the contractor believes the Federal ...
Before the Court of Claims was established, monetary claims against the federal government were normally submitted through petitions to Congress. By the time of the Court's creation, the workload had become unwieldy so Congress gave the Court jurisdiction to hear all monetary claims based upon a law, a regulation, or a federal government ...
Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred". 28 U.S.C. § 1346(b). Thus, both federal and state law may impose limitations on liability. The FTCA exempts, among other things, claims based upon the performance of or failure to perform a "discretionary function or duty". [1]
Amount in controversy (sometimes called jurisdictional amount) is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount (or below a certain maximum amount) before that court may hear the case.
The Tucker Act may be divided into the "Big" Tucker Act, which applies to claims above $10,000 and gives jurisdiction to the United States Court of Federal Claims, and the "Little" Tucker Act (28 U.S.C. § 1346), the current version of which gives concurrent jurisdiction to the Court of Federal Claims and the District Courts "for the recovery ...
In the United States federal courts, pendent party jurisdiction refers to a court's power to adjudicate a claim against a party who would otherwise not be subject to the jurisdiction of the federal courts, because the claim arose from a common nucleus of operative fact. [1] [2]
Government patent use law is a statute codified at 28 USC § 1498(a) [1] that is a "form of government immunity from patent claims." [2] [1] Section 1498 gives the federal government of the United States the "right to use patented inventions without permission, while paying the patent holder 'reasonable and entire compensation' which is usually "set at ten percent of sales or less".