Slattery v. US
Slattery v. US, 2007-5063
In an en banc review of the Court of Federal Claims ruling against the government in a suit on behalf of shareholders of a failing bank that merged with a solvent bank, alleging that the government breached its contracts with the acquiring bank, jurisdiction was properly exercised by the Court of Federal Claims, as; 1) when a government agency is asserted to have breached an express or implied contract that it entered on behalf of the United States, there is Tucker Act jurisdiction of the cause unless such jurisdiction was explicitly withheld or withdrawn by statute, and 2) the jurisdictional foundation of the Tucker Act is not limited by the appropriation status of the agency’s funds or the source of funds by which any judgment may be paid.
- Decided 01/28/2011
- Published 01/28/2011
- United States Federal Circuit