Brandt v. United States
2013 U.S. App. LEXIS 5948
| Fed. Cir. | 2013Background
- Brandt appeals a Court of Federal Claims dismissal of his takings claim under § 1500.
- District court proceedings involved Brandt counterclaims quieting title and a government’s abandonment judgment.
- Wyoming district court held WYCO abandoned the railroad right-of-way and the United States retained a reversionary interest.
- Brandt filed a takings claim in the Court of Federal Claims shortly before appealing the district court decision.
- Tohono O’odham Nation clarified § 1500’s “for or in respect to” standard and the need to avoid redundant litigation.
- The Court of Federal Claims ultimately dismissed Brandt’s takings claim, prompting appellate review by the Federal Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 1500 barred the CFC action due to pending district court proceedings | Brandt had no pending suit against the U.S. when filing in the CFC | Counterclaims remained pending in the district court or were effectively pending | No pending suit at filing; § 1500 did not bar the CFC action |
| Whether the district court counterclaims and CFC takings claim share the same operative facts | Counterclaims and takings claim do not share substantially the same operative facts | They share substantially the same operative facts under Tohono | Not reached on appeal since first issue resolved; outcome unnecessary |
| Whether the Tecon order-of-filing rule should govern § 1500 post-Tohono guidance | Tecon remains applicable as to timing | Tohono requires reassessment of Tecon’s rule | Court declines to overrule Tecon in this decision; discussion of rule reserved |
Key Cases Cited
- Carey v. Saffold, 536 U.S. 214 (2002) (definition of ‘pending’ under AEDPA context)
- Jachetta v. United States, 94 Fed.Cl. 277 (2010) (suit pending until final adjudication on appeal or time to appeal runs)
- Vero Technical Support, Inc. v. United States, 94 Fed.Cl. 784 (2010) (pending status tied to right to appeal)
- Boston Five Cents Savings Bank, FSB v. United States, 864 F.2d 137 (1st Cir. 1988) (claim pending when filed in Claims Court after district court decision)
- Young v. United States, 60 Fed.Cl. 418 (2004) ( 제pendency of claims prior to appeal when determining §1500 pending status)
- Tecon Engineers, Inc. v. United States, 343 F.2d 943 (Ct.Cl.1965) (order-of-filing rule under §1500)
- UNR Indus., Inc. v. United States, 962 F.2d 1013 (Fed.Cir.1992) (en banc discussion on Tecon rule applicability)
- Keene Corp. v. United States, 508 U.S. 200 (1993) (context on §1500 limitations and sovereign immunity)