Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

This case concerned a contract between the parties where defendant was hired to dredge a portion of the Houston Ship Channel and to construct containment levees and other structures at a disposal facility for dredge material. Defendant subsequently appealed the district court's denial of its motion for partial dismissal for lack of subject matter jurisdiction and motion for partial summary judgment. Defendant also appealed the district court's grant of the government's motion for judgment on the pleadings. The court held that the government's suit to collect the money owed by defendant was timely because it was filed within six years of the contracting officer's decision; because defendant had failed to show its set-off claim "beyond peradventure," the court affirmed the district court's denial of its motion for partial summary judgment on this claim; and the district court had subject matter jurisdiction over the government's claim for repayment it had overpaid defendant and the district court properly granted judgment in the government's favor on that claim. Accordingly, the judgment of the district court was affirmed.

Plaintiff sued the DoD for declaratory and injunctive relief, alleging that the DoD violated various in-sourcing procedures adopted pursuant to federal law. The district court dismissed, concluding exclusive jurisdiction lay in the Court of Federal Claims. Plaintiff appealed the district court's dismissal of its complaint for lack of subject matter jurisdiction. The court concluded that plaintiff's complaint constituted an action by an interested party alleging a violation of a statute or regulation in connection with a procurement. Accordingly, the Tucker Act, 28 U.S.C. 1491(b), conferred exclusive jurisdiction over this action with the Court of Federal Claims and the Administrative Procedures Act, 5 U.S.C. 500 et seq., did not waive sovereign immunity as to plaintiff's claims. Therefore, the district court correctly dismissed the complaint and the judgment was affirmed.