Legal Opinion

McGuire v. United States

Court of Appeals for the Ninth Circuit

Decided December 24, 2008No. 06-15812PublishedCited by 62 opinions

1Opinion of the Court

THOMAS, Circuit Judge:

This appeal presents the question of whether district courts have jurisdiction to entertain a bankruptcy debtor’s Tucker Act claims. We conclude that the Tucker Act’s sovereign immunity waiver is limited to suits filed in the United States Court of Federal Claims. We reverse the judgment of the district court and remand with instructions to transfer the action to the Court of Federal Claims, which is the appropriate venue for takings claims in excess of $10,000.

I

Jerry McGuire is an experienced farmer with a degree in agronomy and agricultural economics from the…

2Cases cited28 opinions

  1. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  2. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  3. Lane v. PenaSupreme Court of the United States · 1996
  4. Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
  5. Bowen v. MassachusettsSupreme Court of the United States · 1988

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3Cited by62 opinions

  1. Davinci Aircraft, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 2019
  2. Mark Munns v. John F. KerryCourt of Appeals for the Ninth Circuit · 2015
  3. Aery v. Wallace Lincoln-Mercury, LLCDistrict Court of Appeal of Florida · 2013
  4. Tritz v. United States Postal ServiceCourt of Appeals for the Ninth Circuit · 2013
  5. Amity Rubberized Pen Co. v. Market Quest Group Inc.Court of Appeals for the Ninth Circuit · 2015

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