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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.
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 ...
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]
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 ...
The federal government and nearly every state have passed tort claims acts allowing them to be sued for the negligence, but not intentional wrongs [citation needed], of government employees. The common-law tort doctrine of respondeat superior makes employers generally responsible for the torts of their employees. In the absence of this waiver ...
For example, with a deductible of 10% with a minimum of $1,500 and a maximum of $5,000, a claim of $25,000 would incur a deductible of $2,500 (i.e. 10% of the loss), and the resulting payment would be $22,500. A claim below $15,000 would incur the minimum deductible of $1,500, and a claim above $50,000 would incur the maximum deductible of $5,000.
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