Legal Opinion
Griffin v. United States
United States Court of Federal Claims
Decided December 23, 2008No. 07-318CPublishedCited by 13 opinions
1Opinion of the Court
OPINION
ALLEGRA, Judge.
Section 1500 of Title 28 of the U.S.Code bars litigation in this court of the same dispute “pending” in another court. Passed shortly after the Civil War, and long outlasting its original purpose, this gatekeeper provision has oft been described as an “anachronism” 1 and a “trap for the unwary.”2 It *182requires little to see why. File a lawsuit in this court on Monday and another involving the same claims in a U.S. district court on Tuesday, and all is jurisdictionally well, despite having two lawsuits involving the same claims pending in two different courts. Reverse the…
2Cases cited86 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- United States v. MitchellSupreme Court of the United States · 1983
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
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3Cited by13 opinions
- Mastrolia v. United StatesUnited States Court of Federal Claims · 2010
- Griffin v. United StatesCourt of Appeals for the Federal Circuit · 2009
- Petro-Hunt, L.L.C. v. United StatesUnited States Court of Federal Claims · 2012
- Kaw Nation of Oklahoma v. United StatesUnited States Court of Federal Claims · 2012
- Klamath Irrigation District v. the United States 01-591l and 01-5910l Through 01United States Court of Federal Claims · 2013
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