United States Federal Circuit

In a suit brought against the U.S. alleging a taking of plaintiff's property in violation of the Fifth Amendment, a decision denying plaintiff's motion to retransfer the case to the Court of Federal Claims is reversed as, contrary to the Court of Federal Claims' finding, the FCIA did not divest it of jurisdiction over plaintiff's takings claims.

Appellate Information

• Decided 10/02/2007
• Published 10/02/2007

Judges

• SCHALL, Circuit Judge., Before RADER and SCHALL, Circuit Judges, and FARNAN, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Lewis S. Wiener, Sutherland Asbill & Brennan, LLP, of Washington, DC, argued for plaintiff-appellant. Of counsel on the brief were Ronald R. Massumi and Carter Lee Williams, of Washington, DC, and Patrick B. Griffin, Kutak Rock, LLP, of Omaha, Nebraska.


• For Appellees:
  
• Michael N. O'Connell, Trial Attorney, Commercial Litigation Branch, Civil Division United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, and Mark A. Melnick, Assistant Director.