Frank E. Fisher v. United States

Opinion for the court filed by Senior Circuit Judge PLAGER. Dissenting opinion filed by Circuit Judge DYK.

PLAGER, Senior Circuit Judge.

This case, brought under the Court of Federal Claims’ Tucker Act jurisdiction, raises three separate though related questions. First, what must a plaintiff establish regarding the existence of a money-mandating law source in order for the Court of Federal Claims to have subject matter jurisdiction over the case under the Tucker Act? Second, assuming the trial court takes jurisdiction and addresses the merits of the cause, what are the consequences of a failure…