Reform of 28 U.S.C. § 1500

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Committee: 
Reform of 28 U.S.C. § 1500 in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation
Status Notes:  
Recommendation Adopted on Dec. 6, 2012

Contacts

Implementation Contact and In-House Researcher
202.480.2086
ebremer@acus.gov
In-House Researcher
F. Elwood and Eleanor Davis Research Professor of Law
George Washington University Law School
Committee Chair
William R. Orthwein Distinguished Professor of Law
Washington University School of Law
314.935.6490
levin@wulaw.wustl.edu
Staff Counsel
202.480.2089
statham@acus.gov

Recommendation 2012-6, “Reform of 28 U.S.C. Section 1500,” urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such circumstances, later-filed actions would be stayed. The Administrative Conference Member from the Department of Justice filed a separate statement noting the Department's disagreement with the recommendation, which is printed following the recommendation.

Final Recommendation

Recommendation 2012-6, “Reform of 28 U.S.C. Section 1500,” urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such circumstances, later-filed actions would be stayed....

Implementation

Shortly after the Conference adopted Recommendation 2012-6, the American Bar Association's House of Delegates adopted Resolution 300, urging Congress to repeal and replace Section 1500 in accord with the Conference's recommendation.  The resolution was offered by the Section of Public Contract Law and co-sponsored by the Section of Administrative Law and Regulatory Practice.

Project Documents

Namesort ascending Committee Type Date
Webcast of the Committee’s October 3, 2012 Meeting Judicial Review Webcast October 3, 2012 Watch Video
Webcast of the Committee’s October 17, 2012 Meeting Judicial Review Webcast October 17, 2012 Watch Video
Webcast of the Committee's September 27, 2011 Meeting Judicial Review Webcast September 27, 2011 Watch Video
Webcast of the Committee's October 27, 2011 Meeting Judicial Review Webcast October 27, 2011 Watch Video
Webcast of the Committee's March 28, 2011 Meeting Judicial Review Webcast March 28, 2011 Watch Video
Supplemental Section 1500 Research Committee Memo Judicial Review Memorandum September 23, 2011 Download
SPOA Tribes Letter to DOJ Judicial Review Public Comment November 9, 2012 Download
Sonosky Comments Judicial Review Public Comment November 13, 2012 Download
Section 1500 Proposed Recommendation Judicial Review Recommendation December 6, 2012 Download
Section 1500 Final Report Judicial Review Report September 19, 2012 Download
Revised Section 1500 Report Judicial Review Report March 22, 2011 Download
Revised Draft Section 1500 Recommendation Judicial Review Recommendation September 20, 2012 Download
Reform of 28 U.S.C. Section 1500 Judicial Review Recommendation December 6, 2012 Download
Redline of Section 1500 Report Judicial Review Report September 16, 2011 Download
Quapaw Tribe of Oklahoma Comments Judicial Review Public Comment November 2, 2012 Download
Original Report on Section 1500 Judicial Review Report March 21, 2011 Download
Nez Perce Tribe Comments to DOJ Judicial Review Public Comment November 9, 2012 Download
Nez Perce Tribe Attachment to Comments to DOJ (Chart of Tribal Trust Cases) Judicial Review Public Comment November 1, 2012 Download
Nez Perce Tribe Attachment to Comments to DOJ (2008 DOJ Brief) Judicial Review Public Comment February 28, 2008 Download
Navajo Nation Comments Judicial Review Public Comment November 6, 2012 Download
National Congress of American Indians Letter to DOJ and Resolution #SAC 12-061 Judicial Review Public Comment November 9, 2012 Download
Judicial Conference Sept. 1995 Report of Proceedings Judicial Review Report October 19, 1995 Download
Jonathan Siegel Response to Department of Justice Judicial Review Member Comment December 4, 2012 Download
Gregory Sisk Comment Judicial Review Public Comment August 24, 2012 Download
Further Revised Draft Section 1500 Report Judicial Review Report September 19, 2012 Download
Further Revised Draft Section 1500 Recommendation Judicial Review Recommendation October 10, 2012 Download
Further Revised Draft Report Redline Judicial Review Report September 19, 2012 Download
Edmund Amorosi October 2012 Comments Judicial Review Public Comment October 2, 2012 Download
Draft Recommendation Considered at March 28 Committee Meeting Judicial Review Recommendation March 22, 2011 Download
Department of Justice's Second Motion on Section 1500 Recommendation Judicial Review Member Comment November 22, 2012 Download
Department of Justice's First Motion on Section 1500 Recommendation Judicial Review Member Comment November 22, 2012 Download
Department of Justice 57th Plenary Statement Judicial Review Public Comment November 22, 2012 Download
Dan Syrdal Comment - Attachment Judicial Review Public Comment September 27, 2012 Download
Dan Syrdal Comment Judicial Review Public Comment October 16, 2012 Download
Dan Syrdal Comment Judicial Review Public Comment October 15, 2012 Download
Dan Syrdal Comment Judicial Review Public Comment December 4, 2012 Download
Dan Syrdal Comment Judicial Review Public Comment September 27, 2012 Download
Court of Federal Claims Rules 9p (2012) Judicial Review Appendix July 2, 2012 Download
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes October 17, 2012 Download
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes October 3, 2012 Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda October 27, 2011 Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda September 27, 2011 Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda October 3, 2012 Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda March 28, 2011 Download
Clearing the Path to Justice: The Need to Reform 28 U.S.C. § 1500 Judicial Review Publication October 24, 2013 Download
Appendix to Original Report on Section 1500 Judicial Review Appendix March 21, 2011 Download
ABA Resolution Urging Congress to Implement Recommendation 2012-6 Judicial Review Memorandum February 11, 2013 Download

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