Legal Opinion

Marcum LLP v. United States

Court of Appeals for the Federal Circuit

Decided June 13, 2014No. 2014-5001PublishedCited by 20 opinions

1Opinion of the Court

RADER, Circuit Judge.

The United States Court of Federal Claims dismissed Marcum LLP’s (Mar-cum) Fifth Amendment takings claim for lack of subject matter jurisdiction. Marcum LLP v. United States, 112 Fed.Cl. 167, 179 (Fed.Cl.2013). The claim seeks compensation for unpaid legal fees incurred for work rendered as a court-appointed legal services provider pursuant to the Criminal Justice Act (CJA). Because the CJA provides its own remedial scheme, Marcum cannot collaterally attack the Fifth Circuit’s determination of Marcum’s fee awards under the Tucker Act. Accordingly, this court affirms.

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2Cases cited14 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. United States v. SherwoodSupreme Court of the United States · 1941
  3. Michele Y. Terran, as Legal Representative of Julie F. Terran, a Minor v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1999
  4. United States v. BormesSupreme Court of the United States · 2012
  5. United States v. Erika, Inc.Supreme Court of the United States · 1982

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3Cited by20 opinions

  1. St. Bernard Parish Government v. United StatesCourt of Appeals for the Federal Circuit · 2019
  2. Lawrence Battelle, Inc. v. United StatesUnited States Court of Federal Claims · 2014
  3. Altair Global Credit Opportunities Fund (A), LLC v. United StatesUnited States Court of Federal Claims · 2018
  4. Barksdale v. United StatesUnited States Court of Federal Claims · 2024
  5. Begay v. United StatesUnited States Court of Federal Claims · 2020

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