Recommendation 2012-6 – The Need to Reform 28 U.S.C. § 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.
Citation: Admin. Conf. of the U.S., Recommendation 2012-6, The Need to Reform 28 U.S.C. § 1500, 78 Fed. Reg. 2939 (Jan. 15, 2013).
The Administrative Conference of the United States has long had an interest in ensuring appropriate judicial review of Government actions and in considering related questions regarding jurisdiction and forum. For example, the Conference’s seminal Recommendation 69-1 recommended amendment of the Administrative Procedure Act—subsequently enacted by Congress—to waive sovereign immunity and thereb