United States Federal Circuit

In an action involving a cost-share agreement between the government and plaintiff for implementing conservation practices in a facility for recycling of mushroom waste, dismissal of plaintiff's action seeking indemnification from the government for costs incurred in defending and settling certain third party claims is affirmed where: 1) the Court of Federal Claims did not err in concluding that it lacked subject matter jurisdiction to hear plaintiff's professional negligence, contract, and implied warranty claims; 2) due process claims failed; and 3) there was no abuse of discretion in dismissing the professional negligence claim, rather than transferring it.

Appellate Information

• Decided 04/02/2008
• Published 04/02/2008

Judges

• PROST, Circuit Judge., Before RADER, LINN, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jonathan J. Bart, Wilentz, Goldman & Spitzer, P.A., of Philadelphia, Pennsylvania, argued for plaintiff-appellant.


• For Appellees:
  
• Joan M. Stentiford, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were, Jeanne F. Davidson, Director, and Steven J. Gillingham, Assistant Director.