Tucker Act
Encyclopedia : T : TU : TUC : Tucker Act
Through the Tucker Act (Act of March 3, 1887, ch. 359, 24 Stat. 505, codified in part at #redirect ), the United States government has waived its sovereign immunity on lawsuits arising out of contracts to which it, or one of its agencies, was a party. The Act was named after Congressman John Randolph Tucker, of Virginia, who introduced it as a substitute for four other competing measures on government claims being considered by the House Judiciary Committee.
Not all governmental contracts are subject to the Tucker Act. For example, the Supreme Court, in Burr v. FHA, [309 U.S. 242] (1940), has stated that the Congress may organize "sue and be sued" agencies; such agencies may be sued in any court of otherwise competent jurisdiction as if it were a private litigant, as long as the agency is to pay out the judgment from its own budget, not from the U.S. Treasury. Whether the agency or the Treasury is to pay depends on the congressional intent.
The Act states that if the plaintiff seeks less than $10,000 in damages, the federal district courts have a concurrent jurisdiction over the case. However, if the damages sought exceed that amount, the United States Court of Federal Claims has the exclusive jurisdiction and the suit cannot be brought anywhere else.
External links
- [Licata v. US postal service]
- [Auction Company of America v. Federal Deposit Insurance Corporation]
- [Tucker Act defined]
From Wikipedia, the Free Encyclopedia. Original article here. Support Wikipedia by contributing or donating.
All text is available under the terms of the GNU Free Documentation License See Wikipedia Copyrights for details.