This just in: the U.S. Supreme Court has ruled 7-1 that when a District Court lawsuit and a lawsuit in the U.S. Court of Federal Claims are based on the same operative facts, the CFC has no subject matter jurisdiction. United States v. Tohono O'odham Nation, No. 09-846, (cert. granted Apr. 19, 2010).
Although it involves claims of breach of trust on Indian land, the case is of interest to property lawyers, since the CFC is the court that has exclusive jurisdiction to consider claims for just compensation agains the federal government claims in excess of $10,000.
The opinion is available here.
Justice Kennedy authored the majority opinion, and only Justice Ginsburg dissented. Justice Kagan recused. Disclosure: we filed an amicus brief supporting the Nation.
More, after a chance to read the opinions.
United States v Tohono Oodham Nation, No. 09-846 (Apr 26 2011)
