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Re: obiterdictum post# 583282

Tuesday, 12/17/2019 12:36:51 PM

Tuesday, December 17, 2019 12:36:51 PM

Post# of 867265
Yes
Thank you

For me it was more the general or every time flow

Start in this special claims court - one judge - bench decision

but one can appeal and then it goes to circuit

I assume "same law applies" --- but is it not a special type law that claims judges work with more often ? (Tucker)

Under the Tucker Act of 1887, the United States waived its sovereign immunity as to certain kinds of claims. Although the government is immune to lawsuits as a general rule, the Tucker Act exposes the government to liability for certain claims.

Specifically, the Act extended the original Court of Claims’ jurisdiction to include claims for liquidated or unliquidated damages arising from the Constitution (including takings claims under the Fifth Amendment), a federal statute or regulation, and claims in cases not arising in tort. The relevant text of the Act is codified in 28 U.S.C. §§ 1346(a) and 1491.
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