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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
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.
(28) Finally, Tucker Act jurisdiction only applies to procurement solicitations and contracts, and does not apply to assistance.
Specific waivers of sovereign immunity chiefly fall under the Federal Tort Claims Act and general waivers fall under the Tucker Act. ([umlaut] Ringgold, Inc., Portland, OR)
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."
A likely doctrinal vehicle for advancing this defense would be the Tucker Act (202) and the accompanying proposition that takings claims should not be adjudicated by a court of general jurisdiction, provided that all the interests at stake can be fully protected by a suit for just compensation in the Court of Federal Claims under the Tucker Act.
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.
The Tucker Act assigns to the Court of Federal Claims (CFC) jurisdiction over claims for money damages against the federal government.
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.