Legal Opinion

State of California v. United States

Court of Appeals for the Federal Circuit

Decided November 27, 2001No. 01-5031PublishedCited by 42 opinions

1Opinion of the Court

MICHEL, Circuit Judge.

Plaintiff-Appellant State of California appeals the judgment of the United States Court of Federal Claims holding that the Flood Control Act of 1928, codified at 33 U.S.C. § 702c (1994), immunizes the United States from breach-of-contract claims for damages arising from or related to flood control projects. Because we conclude that, to the extent sovereign immunity might otherwise apply, it has been waived by the previously-enacted Tucker Act, 28 U.S.C. § 1491 (1994), and the later enactment did not repeal the earlier by implication, we reverse, ordering judgment for the…

2Cases cited20 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. United States v. MitchellSupreme Court of the United States · 1983
  3. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  4. United States v. BatchelderSupreme Court of the United States · 1979
  5. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984

15 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. William O. Schism and Robert Reinlie v. United StatesCourt of Appeals for the Federal Circuit · 2002
  2. Invitrogen Corp. (Formerly Known as Life Technologies, Inc.) v. Clontech Laboratories, Inc.Court of Appeals for the Federal Circuit · 2005
  3. Smithkline Beecham Corp. v. Apotex Corp.Court of Appeals for the Federal Circuit · 2005
  4. Bussie v. United StatesUnited States Court of Federal Claims · 2011
  5. Resource Investments, Inc. v. United StatesUnited States Court of Federal Claims · 2009

37 more not listed; retrieve them via the Exa API.

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