Bianchi v. United States

OPINION

FIRESTONE, Judge.

This case comes before the court on the defendant’s motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(4) of the Rules of the United States Court of Federal Claims. At issue is whether the plaintiff is entitled to interest on an award of attorney fees, which the government refused to pay pending the outcome of litigation on other claims against the plaintiff. The government contends that sovereign immunity bars the plaintiffs claim for interest. The plaintiff contends that the *364Federal Offset Statute, 31 U.S.C. § 3728 (1994 & Supp. II 1996), provides the necessary…