JURISDICTION OF THE COURT OF CLAIMS This condensed statement of the provisions of the United States Code, revised, relating to the jurisdiction and procedure of the United States Court of Claims is prepared and printed for the information and convenience of attorneys practicing, and proposing to practice, before the Court. This condensation is believed to be accurate but it does not purport to be authoritative, and attorneys, and others, are advised to make their own investigation and research as to any questions of jurisdiction and procedure in controversy or litigation. JAMES A. HOYT, APRIL 15, 1950. GEOGRAPHICAL JURISDICTION AND REVIEW Geographically the jurisdiction of the Court of Claims is Nation-wide. Jurisdiction of the subject matter of a suit is in general derived from the law of the Court's organization. Jurisdiction over the parties is obtained when suit is filed and process is served on the United States. The Court can then exercise its power by appropriate process served anywhere within the territory over which the Federal Government exercises dominion. Hearings for the purpose of taking testimony may be and are held at any place within the United States, usually by the commissioners appointed by the Court, occasionally by members of the Court. A judgment of the Court of Claims is conclusive, unless reviewed by the Supreme Court on writ of certiorari. GENERAL JURISDICTION Provision for the general jurisdiction of the Court, which was formerly contained in Section 145 of the Judicial Code (36 Stat. 1136, 42 Stat. 24, 28 U. S. Code § 250) is now found under Title 28, U. S. Code, § 1491, which provides that the Court of Claims shall have jurisdiction to render judgment upon any claim against the United States: "(1) Founded upon the Constitution." Under this heading are suits for recovery of just compensation. This class of litigation arises where the United States takes private property. A considerable volume of this type of litigation has followed World Wars I and II. "(2) Founded upon any Act of Congress." Cases involving all forms of tax legislation arise under this provision; also cases involving the pay and allowances of members of the Armed Forces. "(3) Founded upon any regulation of an Executive Department." This class of cases embraces (a) suits seeking judgments for compliance with such regulations and (b) litigation which challenges the regulations involved as being contrary to established law and hence invalid. "(4) Founded upon any express or implied contract with the United States." Activities of the Government embrace innumerable contracts with individuals, corporations, and partnerships. Included are agreements with independent contractors for construction, manufacture and supply, and services, and contracts of individual employment under which important points of law are raised from time to time in suits for salaries. Contract cases and those arising under any law of Congress form a considerable part of the Court's general docket, especially after World War II. "(5) For liquidated or unliquidated damages in cases not sounding in tort." Other sections of Title 28, as amended, referring to the Court of Claims, are set forth below, as follows: CONGRESSIONAL REFERENCE CASES Under Section 1492 the Court of Claims has jurisdiction to report to either House of Congress on any bill referred to the Court by such House, except a bill for a pension, and to render judgment if the claim against the United States represented by the referred bill is one over which the Court has jurisdiction under other Acts of Congress. Reference may be made by either House if there is pending therein a bill for payment of any claim, legal or equitable, or for any grant, gift or bounty. See also 28 U. S. C. § 2509. DEPARTMENTAL REFERENCE CASES Under Section 1493, the Court of Claims has jurisdiction to report to the head of any executive department on any claim or matter involving controverted questions of law referred by him to such court and to render judgment if the claim or matter referred is one over which the Court has jurisdiction under other Acts of Congress. See also 28 U. S. C. § 2510. The Secretary of the Treasury upon certificate of the Comptroller General may refer to the Court any claim or matter of which the Court might take jurisdiction on the voluntary action of the claimant. (Section 2510). ACCOUNTS OF OFFICERS, AGENTS OR CONTRACTORS Section 1494 provides for presentation to the Court of petitions for accounting by any person who is or has been or may be claimed to be or to have been indebted to the United States as an officer or agent, or by virtue of any contract, or as guarantor or surety or personal representative of any such officer, agent, or contractor. See also Section 2511. The judgment of the Court of Claims, or the Supreme Court on review, is final and payment of the amount found due shall discharge the obligation. DAMAGES FOR UNJUST CONVICTION AND Section 1495 confers jurisdiction on the Court of Claims to render judgment upon any claim for damages by any person unjustly convicted of an offense against the United States and imprisoned. Section 2513, which sets forth the procedural requirements under Section 1495, provides that any person suing under Section 1495 must allege and prove (1) that his conviction has been reversed or set aside on the ground that he is not guilty of the offense of which he was convicted, or that he has been pardoned upon the stated ground of innocence and unjust conviction, and (2) that he did not commit any of the acts charged or his acts, deeds, or omissions in connection with such charge constituted no offense against the United States or any State. Proof of these requisite facts shall be by the certificate of the court or pardon. All other legal remedies must have been exhausted. Action, by leave of the Court, may be in forma pauperis. Recovery is limited to $5,000. [The Act of May 24, 1938, 52 Stat. 438, from which these sections are derived, was found to be ambiguous and unworkable, and the provisions were accordingly revised in the enactment of the Code.] DISBURSING OFFICERS' CLAIMS Section 1496 confers jurisdiction upon the Court of Claims to render judgment upon any claim by a disbursing officer of the United States or by his administrator or executor for relief from responsibility for loss, in line of duty, of Government funds, vouchers, records or other papers in his charge OYSTER GROWERS' DAMAGES FROM DREDGING OPERATIONS Under Section 1497, the Court of Claims has jurisdiction to render judgment upon any claim for damages to oyster growers on private or leased lands or bottoms arising from dredging operations or use of other machinery and equipment in making river and harbor improvements authorized by Act of Congress. This provision was derived from the Rivers and Harbors Act of 1935, 49 Stat. 1040. See Dixon v. United States, 103 C. Cls. 160. Claims under Section 1497 are barred (Section 2501) unless filed within two years of the termination of the river and harbor improvements on which the claim is based. PATENT CASES The Act of June 25, 1910 (36 Stat. 851) extended the jurisdiction of the Court in patent cases to give reasonable and entire compensation in cases where the United States in its governmental capacity manufactured or used an invention covered by a United States patent without the license of its owner. Theretofore the jurisdiction of the Court had been confined to those cases wherein the patentee could establish a taking of his patent rights by the Government under circumstances establishing an implied contract to pay. The Act of July 1, 1918 (40 Stat. 705) extended the remedial provisions of the Act of June 25, 1910, by conferring jurisdiction upon the Court in those cases wherein the patented invention was manufactured or used by or for the United States without the consent of the owner. These statutes above referred to were specifically repealed by the Act of June 25, 1948, and the provisions thereof are now incorporated in Title 28, U. S. C., Section 1498, as amended by the Act of May 24, 1949, 63 Stat. 89. See also 35 U. S. C. 68. Litigation under these provisions, involving large sums of money, has been and continues to be extensive. In addition to the foregoing statutes authorizing suit for the unlicensed manufacture or use by the United States of an invention, an inventor may sue in the Court of Claims, under specified conditions, (1) for compensation for the use by the United States of an invention ordered kept secret in the interest of national defense and therefore not patented until the national interest later permits publication and disclosure (Act of October 6, 1917, 40 Stat. 394, as amended by the Act of July 1, 1940, 54 Stat. 710, and as further amended by the Act of June 16, 1942, 56 Stat. 370, 35 U. S. C. § 42); and (2) for such additional compensation, for use for the United States of an invention under a license providing for payment of royalties at rates fixed by the United States, as, added to such license royalties, will constitute fair and just compensation to the licensor for such use (Act of October 31, 1942, 56 Stat. 1013, 35 U. S. C. §§ 89, 90). PENALTIES IMPOSED AGAINST CONTRACTORS UNDER EIGHTHOUR LAW Under Section 1499 the Court of Claims has jurisdiction to render judgment upon any claim for a penalty withheld from a contractor or subcontractor under Section 324 of Title 40. Claim must be filed within six months after decision thereon by the head of department. CLAIMS EXCLUDED The Court of Claims does not have jurisdiction of any claim where any suit or process is pending in another court. (Section 1500). |