Abernethy v. United States

*185RCFC 12(b)(1) motion to dismiss for lack of subject-matter jurisdiction; statute of limitations, 28 U.S.C. § 2501; class action tolling under Bright v. United States; RCFC 56 motion for summary judgment; laches; defense prejudice.

MEMORANDUM OPINION AND ORDER

VICTOR J. WOLSKI, Judge

Before the Court is Defendant’s Motion to Dismiss or, Alternatively, for Summary Judgment (“Mot. to Dismiss”). The government argues that the statute of limitations should not have been tolled for plaintiffs, putative members of a class whose certification was denied when the limitations period had more than two…