Piszel v. United States

Rule 12(b)(1); Subject-Matter Jurisdiction; Rule 12(b)(6); Failure to State a Claim; Fifth Amendment Takings; Illegal Exaction.

MEMORANDUM OPINION AND ORDER

LYDIA KAY GRIGGSBY, Judge

I. INTRODUCTION

Plaintiff, Anthony Piszel, brought this action alleging an illegal exaction and contract-based takings of his severance compensation under an employment agreement with the Federal Home Loan Mortgage Corporation, in violation of the Fifth Amendment of the United States Constitution. The government has moved to dismiss plaintiff’s claims for lack of subject-matter jurisdiction and for failure to state a…