The Tucker Act is a law that grants individuals the ability to sue the United States government for specific matters, despite the general immunity of the government from lawsuits. This law allows individuals to seek compensation for various reasons, such as unpaid debts owed by the government or the government’s seizure of their property without proper compensation. There are two categories of claims: those based on contractual agreements with the government and those without a contract but still deserving of payment. The United States Court of Federal Claims is responsible for adjudicating these claims. Only this court has jurisdiction over claims exceeding $10,000, while claims below this threshold can also be heard in other courts. Prior to 1982, a different court handled these claims.
The Tucker Act, passed in 1887, allows individuals to sue the United States government for specific types of claims. While the government is typically immune to lawsuits, the Tucker Act waives this immunity for certain claims. These claims include contractual claims, non-contractual claims seeking the return of money paid to the government, and non-contractual claims asserting entitlement to payment by the government.
For instance, if a company has a contract with the government and the government breaches it, the company can sue under the Tucker Act. Similarly, if an individual pays the government for a service that is not provided, they can sue to recover their money. The Tucker Act also covers claims related to the Constitution, federal statutes or regulations, and claims unrelated to torts. This includes claims for damages resulting from the government taking private property for public use without just compensation, which is protected by the Fifth Amendment.
The United States Court of Federal Claims has jurisdiction over Tucker Act claims. Claims exceeding $10,000 must be filed exclusively with this court, while claims under $10,000 can be filed concurrently with federal district courts.
The Tucker Act is a federal law that grants the United States Court of Federal Claims jurisdiction over claims against the United States government for money damages.
Claims that can be filed under the Tucker Act include breach of contract claims, takings claims, patent infringement claims, and claims for unpaid government invoices, among others.
To file a claim under the Tucker Act, you must submit a complaint to the United States Court of Federal Claims, providing detailed information about the claim, the damages sought, and any supporting evidence.
Yes, there is a statute of limitations for filing a claim under the Tucker Act. Generally, you must file your claim within six years from the date the claim accrued.
Yes, you can appeal a decision made by the United States Court of Federal Claims to the United States Court of Appeals for the Federal Circuit.
Yes, you have the right to represent yourself in a Tucker Act claim. However, it is recommended to seek legal counsel to ensure your rights are protected and to navigate the complex legal process.
Under the Tucker Act, attorney’s fees are generally not recoverable unless specifically authorized by another statute or contract.
No, the Tucker Act only applies to claims against the United States government. Claims against state or local governments must be pursued through other legal avenues.
No, the Tucker Act only provides jurisdiction for claims seeking money damages. If you are seeking non-monetary relief, you may need to pursue other legal remedies.
Generally, if you have already received compensation for your claim from another source, you may not be able to file a Tucker Act claim. The doctrine of “collateral source rule” may apply, which prevents double recovery for the same damages.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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