Tuesday, January 8, 2008

Supreme Court decision

The question presented in John R. Sand & Gravel v. United States was stated as follows: 

The statute of limitations in the Tucker Act, 28 U.S.C. §2501, provides: “Every claim of which the United States Court of Federal Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues.” The question presented is:
Whether the statute of limitations in the Tucker Act limits the subject matter  jurisdiction of the Court of Federal Claims.

Lyle Denniston at SCOTUSblog reports here that:

The Supreme Court, in the only ruling on the merits Tuesday, decided that the U.S. Court of Appeals for the Federal Circuit must always consider whether cases making claims against thefederal government were filed on time, even if the federal government has waived that issue. The 7-2 ruling came in the case of John R. Sand & Gravel v. U.S. (06-1164).

We'll follow up with a summary if there's anything noteworthy. --RR


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