Tucker Act


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Tucker Act

Enacted by the U.S. Congress in 1887 to remedy inadequacies in the original statutory measures that created the Court of Claims (now the U.S. Claims Court) in 1855, the Tucker Act (28 U.S.C.A. § 1346) extended the jurisdiction of the Court of Claims to claims founded upon the Constitution, acts of Congress, or regulations of executive departments. The court was also empowered to entertain claims for liquidated and unliquidated damages in nontort actions. It retained jurisdiction to hear contract cases, which it was given under the 1855 measure.

References in periodicals archive ?
The insurance companies could presumably recover that money once this case is over, if not through a judgment by this court, then through lawsuits brought under the Tucker Act," Chhabria writes.
Specific waivers of sovereign immunity chiefly fall under the Federal Tort Claims Act and general waivers fall under the Tucker Act.
A federal law, the Tucker Act, does let companies sue over contract payments, but only for "acutal, presently due money damages from the United States.
In such cases, the COFC has jurisdiction, depending upon the type of contract, under the Tucker Act and/or the Contract Disputes Act (CDA).
Court of Federal Claims, which under the Tucker Act (100) has exclusive jurisdiction over breach of contract claims against the federal government for a value exceeding $10,000.
identical use of state law under the Tucker Act (9) does not.
Strictness of Construction Lessens with Greater Judicial Familiarity with a Statutory Waiver: The Evolution of the Tucker Act in the Supreme Court 3.
Thus the court overturned a decision by the Court of Appeals for the Federal Circuit that had permitted the recovery of taxes and interest under the Tucker Act for three earlier years.
Therefore, the Court possesses subject matter jurisdiction under the Tucker Act to review this protest.
Congress passed the Tucker Act (5) and the Federal Tort Claims Act (FTCA), (6) it arguably gave Awad the green light he needed to bring his
In 1887, Congress enacted what has become the linchpin of the Court of Claims's jurisdiction-the Tucker Act.