Legal Opinion

Fauvergue v. United States

United States Court of Federal Claims

Decided February 24, 2009No. 08-431LPublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MILLER, Judge.

After argument on a contested motion to certify a class action under RCFC 23 for a taking of property under the Rails to Trails Act, 16 U.S.C. §§ 1241-1251 (2000), this ease presents a relatively new issue in applying the United States Supreme Court’s 2008 decision demarcating as jurisdictional the United States Court of Federal Claims’ statute of limitations, 28 U.S.C. § 2501 (2000). The issue is whether putative class members are allowed to opt in after the six-year statute of limitations has expired, when the class-action complaint was filed before…

2Cases cited42 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  4. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  5. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992

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3Cited by19 opinions

  1. Bright v. United StatesCourt of Appeals for the Federal Circuit · 2010
  2. Geneva Rock Products, Inc. v. United StatesUnited States Court of Federal Claims · 2011
  3. Rasmuson v. United StatesUnited States Court of Federal Claims · 2010
  4. Singleton v. United StatesUnited States Court of Federal Claims · 2010
  5. Douglas R. Bigelow Trust v. United StatesUnited States Court of Federal Claims · 2011

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

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