Reform of 28 U.S.C. Section 1500

  • Recommendation number: 2012-6
  • Adopted on: December 6, 2012
  • Publication Date: December 6, 2012
  • Committees: Judicial Review

Recommendation 2012-6, “Reform of 28 U.S.C. Section 1500,” urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such circumstances, later-filed actions would be stayed. The Administrative Conference Member from the Department of Justice filed a separate statement noting the Department's disagreement with the recommendation, which is printed following the recommendation.

Citation:

78 Fed. Reg. 2939 (Jan. 15, 2013).