Reform of 28 U.S.C. § 1500

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).

Featured Documents:

Final Recommendation:

Reform of 28 U.S.C. Section 1500

Recommendation number
2012-6
Adoption Date
Committees

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

Project Documents

Name Committee Type Date File
Committee on Judicial Review Meeting Agenda Judicial Review Agenda Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda Download
Webcast of the Committee’s October 17, 2012 Meeting Judicial Review Webcast
Webcast of the Committee's October 27, 2011 Meeting Judicial Review Webcast
Webcast of the Committee's September 27, 2011 Meeting Judicial Review Webcast
Webcast of the Committee’s October 3, 2012 Meeting Judicial Review Webcast
Webcast of the Committee's March 28, 2011 Meeting Judicial Review Webcast
Reform of 28 U.S.C. Section 1500 Judicial Review Recommendation Download
Section 1500 Proposed Recommendation Judicial Review Recommendation Download
Further Revised Draft Section 1500 Recommendation Judicial Review Recommendation Download
Draft Recommendation Considered at March 28 Committee Meeting Judicial Review Recommendation Download
Revised Draft Section 1500 Recommendation Judicial Review Recommendation Download
Further Revised Draft Section 1500 Report Judicial Review Report Download
Section 1500 Final Report Judicial Review Report Download
Judicial Conference Sept. 1995 Report of Proceedings Judicial Review Report Download
Redline of Section 1500 Report Judicial Review Report Download
Revised Section 1500 Report Judicial Review Report Download
Further Revised Draft Report Redline Judicial Review Report Download
Original Report on Section 1500 Judicial Review Report Download
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes Download
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes Download
Clearing the Path to Justice: The Need to Reform 28 U.S.C. § 1500 Judicial Review Publication Download
Navajo Nation Comments Judicial Review Public Comment Download
Nez Perce Tribe Attachment to Comments to DOJ (2008 DOJ Brief) Judicial Review Public Comment Download
Quapaw Tribe of Oklahoma Comments Judicial Review Public Comment Download
Nez Perce Tribe Attachment to Comments to DOJ (Chart of Tribal Trust Cases) Judicial Review Public Comment Download
Gregory Sisk Comment Judicial Review Public Comment Download
Dan Syrdal Comment Judicial Review Public Comment Download

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