Overview
The United States Court of Federal Claims is a specialized federal court that handles monetary claims against the United States government. It traces its lineage to the Court of Claims established in 1855, created because sovereign immunity generally bars suits against the federal government unless Congress waives that immunity. The Court of Federal Claims provides a forum for those claims where Congress has consented to be sued — primarily under the Tucker Act (28 U.S.C. § 1491).
The court hears a wide variety of cases involving money damages against the federal government. These include government contract disputes (bid protests, breach of contract, contract interpretation), tax refund suits, military and civilian pay claims, taking claims under the Fifth Amendment (where the government has taken private property without just compensation), vaccine injury claims, patent and copyright infringement by the government, and claims by Native American tribes and nations against the United States.
Government contract disputes make up a significant portion of the court's docket. Federal contractors who believe they have been wrongfully denied a contract, had their contract breached by the government, or are owed additional compensation for changed conditions or extra work bring their claims here. The court also handles pre-award and post-award bid protests, though this jurisdiction is shared with the Government Accountability Office.
The Court of Federal Claims sits in Washington, D.C., but its judges travel to other locations as needed to conduct trials and hearings. All trials are bench trials — there is no right to a jury trial in the Court of Federal Claims. Appeals from the court go to the United States Court of Appeals for the Federal Circuit, which has exclusive appellate jurisdiction over Court of Federal Claims decisions.
Jurisdiction
The Court of Federal Claims has jurisdiction under the Tucker Act to hear claims against the United States for money damages founded upon the Constitution, federal statutes, executive regulations, or government contracts. The court can award damages in excess of $10,000 (claims at or below $10,000 may be filed in federal district court under the Little Tucker Act). The court also has jurisdiction over tax refund suits, claims for military and civilian back pay, takings claims under the Fifth Amendment, vaccine injury cases under the National Childhood Vaccine Injury Act, patent and copyright cases where the government is the alleged infringer, and certain claims by Indian tribes and nations. The court cannot grant injunctive or declaratory relief except in limited bid protest cases.
Composition
The Court of Federal Claims consists of 16 judges appointed by the President and confirmed by the Senate for 15-year terms. The Chief Judge is designated by the President. Unlike Article III judges, Court of Federal Claims judges are Article I judges and do not have life tenure. Judges may be reappointed and may also take senior status, continuing to hear cases on a reduced caseload. The court is headquartered in Washington, D.C., in the Howard T. Markey National Courts Building, though judges may hold proceedings in other locations when appropriate.
How Cases Get Here
Cases are filed directly in the Court of Federal Claims by plaintiffs who have monetary claims against the United States. Government contractors typically must first pursue administrative remedies with the contracting agency and, in many cases, the agency board of contract appeals before filing in the Court of Federal Claims — though in some situations they may bypass the board and file directly. Tax refund claimants must first pay the tax and file an administrative refund claim with the IRS, and if denied (or after six months of inaction), they may sue in the Court of Federal Claims or federal district court. Takings claims may be filed directly when the government has taken or damaged private property. Vaccine injury claimants must file a petition in the Court of Federal Claims before pursuing litigation in other courts.
Key Facts
Number of Judges
16
Term Length
15 years
Court Type
Article I court
Primary Statute
Tucker Act (28 U.S.C. § 1491)
Jurisdiction Threshold
Claims exceeding $10,000 against the U.S. government
Appeals Go To
U.S. Court of Appeals for the Federal Circuit
Trial Type
Bench trials only (no jury)
Established
1855 as Court of Claims; current form since 1982
Important to Know
- The Tucker Act waives sovereign immunity for certain monetary claims against the federal government, but the Court of Federal Claims generally cannot grant injunctive or declaratory relief — only money damages.
- There is no right to a jury trial in the Court of Federal Claims; all cases are tried before a judge.
- Fifth Amendment takings claims (where the government takes or regulates private property without just compensation) are a significant part of the court's docket.
- The court shares jurisdiction with federal district courts for claims of $10,000 or less under the Little Tucker Act, but has exclusive jurisdiction for larger claims.
- Vaccine injury claims under the National Childhood Vaccine Injury Act must be filed first in the Court of Federal Claims before a plaintiff can pursue a traditional tort suit against a vaccine manufacturer.
- Appeals from the Court of Federal Claims go exclusively to the Federal Circuit, not to the regional circuit courts of appeals.
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