United States Federal Circuit

In an action arising out of plaintiff's termination as CFO of Freddie Mac, alleging that the government's refusal to pay a contractual severance payment under the 'golden parachute' prohibition of the Housing and Economic Recovery Act (HERA), 12 U.S.C. section 4511(a)(1) et seq.,constituted a wrongful taking and illegal exaction, the Claims Court's dismissal for failure to state a claim is affirmed where plaintiff had a cognizable property interest in his contract right to a severance payment, but failed to state a takings claim or an illegal exaction claim because he could have filed a breach of contract claim against the government.

Appellate Information

• Published 2016/08/18

Judges

• DYK

Court

• United States Federal Circuit

Counsel