Court of Claims

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Court of Claims

A state judicial tribunal established as the forum in which to bring certain types of lawsuits against the state or its political subdivisions, such as a county. The former designation given to a federal tribunal created in 1855 by Congress with original jurisdiction—initial authority—to decide an action brought against the United States that is based upon the Constitution, federal law, any regulation of the executive department, or any express or implied contracts with the federal government.

Such courts are created by statute or constitution and can entertain only actions specified by law, such as those involving violations of provisions of the state constitution or law or based upon breach of government contracts.

The Federal Courts Improvement Act of 1982 (28 U.S.C.A. § 1 et seq.) abolished the U.S. Court of Claims and established the Court of Appeals for the Federal Circuit and the U.S. Claims Court to share various aspects of the jurisdiction of the former court.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

Court of Claims

n. a special U. S. federal court established (1855) to hear monetary claims against the United States government, based on contracts, express or implied, or claims referred by Congress. It sits in Washington, D. C. and is composed of five judges. Some states also have a court of claims.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
Although Russell notified the Government of this infringement on November 16, 1892, the Government did not negotiate with him; the Ordnance Office of the War Department merely informed him that: (1) he might sue in the Court of Claims if he wished, and that (2) Krag-Jorgensen might end up indemnifying the Government from such suit depending on the final wording of a pending contract (28).
"Their argument was that the Court of Claims Act changed everything, it gave the Court of Claims exclusive jurisdiction to these claims," Ringsmuth said of the defendant.
Challenges to the commissioners' findings could be brought before the Court of Claims. (135) The growing importance of the appellate practice of the Court of Claims led to its designation as an Article III court by Congress in 1953.136 This designation was a formal recognition of the bifurcated system developed by the Court of Claims "whereby trial commissioners heard cases and made recommendations to judges in the appellate division who had the sole authority to render dispositive judgments." (137) The judges were Article III judges, while the trial commissioners were employees.
559 (1976) (where a furniture manufacturer failed to include the cost of 3 out of 14 materials in its finished goods inventory, the Court of Claims concluded that the taxpayer's failure to capitalize the 3 costs was not a method of accounting, but an inadvertent error).
In addition, anyone wanting to sue the federal government must file suit in the Court of Claims in Washington, often many years after the government enforces its regulations.
Cinergy paid the additional tax; however, in 1999 it filed suit for a refund in the Federal Court of Claims.
These projects were part of a continuous program to evaluate the embankments and take the steps necessary to prevent their erosion; "[w]hen necessary to correct deterioration, the steps taken are intended to arrest the problem and prevent a premature end to the service life of the embankment." Applying standards like those described, the Court of Claims concluded that the costs of these projects were currently deductible.
CASE FACTS: On July 2, 2000, Kathleen Kaiser filed a complaint against Ohio State University (OSU) in the Court of Claims of Ohio.
In a separate, concurrent action, the landlord has also filed a notice of intention to file a claim in the Court of Claims for damages in the amount of $80 million.
The Guardian case, which was remanded to the Michigan Court of Claims, was ultimately settled out of court.