Vandesande v. United States
2012 U.S. App. LEXIS 6083
| Fed. Cir. | 2012Background
- Vandesande and the Government dispute whether the Stipulation Agreement regarding damages is a contract enforceable in the Court of Federal Claims or a consent decree enforceable elsewhere.
- The Stipulation Agreement settled VanDesande's Title VII pregnancy discrimination claim with the USPS and was incorporated by reference into aEEOC Final Order.
- VanDesande later claimed USPS breached the Agreement; the Government contended the Agreement was a consent decree outside the Tucker Act’s jurisdiction.
- The Court of Federal Claims dismissed, holding it lacked jurisdiction because the Agreement was a consent decree, not a contract.
- This Court previously recognized conflicting precedents and held consent decrees and settlement agreements need not be mutually exclusive for enforcement.
- The case is remanded for further proceedings consistent with the opinion to determine enforcement of the contract claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Tucker Act jurisdiction lies in the CFC for breach of the Stipulation Agreement | VanDesande treats the Stipulation as a contract. | Government treats the Agreement as a consent decree. | Consent decrees and contracts are not mutually exclusive; CFC jurisdiction exists. |
| Whether consent decrees and settlement agreements are mutually exclusive for enforcement | The Agreement remains enforceable as a contract. | A decree governs enforcement, limiting contract-type claims. | Not mutually exclusive; both can form enforceable bases depending on the nature of the agreement. |
Key Cases Cited
- Holmes v. United States, 657 F.3d 1303 (Fed. Cir. 2011) (Title VII settlement contracts support Tucker Act jurisdiction)
- Local No. 93, Int'l Ass'n of Firefighters v. City of Cleveland, 478 U.S. 501 (U.S. 1986) (consent decrees are not automatically judicial acts; their status depends on purpose)
- United States v. Swift & Co., 286 U.S. 106 (Supreme Court 1932) (consent decrees have contractual elements; not determinative of status)
- United States v. ITT Cont'l Baking Co., 420 U.S. 223 (U.S. 1975) (consent decrees have attributes of contracts for enforcement purposes)
- Angle v. United States, 709 F.2d 570 (9th Cir. 1983) (settlement agreements embodied in decrees are contracts for Tucker Act purposes)