Pursuant to section 4(b) of the Civil Directive No. 1-15, 80 Fed. Reg. 31998 (2015), and regardless of the amount in controversy, the following matters will normally not be delegated to the United States Attorneys for handling but will be personally or jointly handled or monitored by the appropriate branch or office within the Civil Division:
- 1. Civil actions in the United States Court of Federal Claims;
- 2. Cases within the jurisdiction of the Commercial Litigation Branch involving patents, trademarks, copyrights, etc.;
- 3. Cases before the United States Court of International Trade;
- 4. Any case involving bribery, conflict of interest, breach of fiduciary duty, breach of employment contract, or exploitation of public office, or any fraud or False Claims Act case where the amount of single damages exceeds $10 million.
- 5. Cases involving vessel-caused pollution in navigable waters;
- 6. Cases on appeal, except as determined by the Director of the Appellate Staff (see JM, Title 2);
- 7. Any case involving litigation in a foreign court;
- 8. Criminal proceedings arising under statutes enforced by the Food and Drug Administration, the Consumer Product Safety Commission, the Federal Trade Commission, and the National Highway Traffic Safety Administration (relating to odometer tampering), except as determined by the Director of the Consumer Protection Branch;
- 9. Non-monetary civil cases, including injunction suits, declaratory judgment actions, and applications for inspection warrants, and cases seeking civil penalties, including, but not limited to those arising under statutes enforced by the Food and Drug Administration, the Consumer Product Safety Commission, the Federal Trade Commission, and the National Highway Traffic Safety Administration (relating to odometer tampering), except as determined by the Director of the Consumer Protection Branch.
- 10. Asbestos and other toxic tort litigation (i.e., Agent Orange, lead, groundwater contamination, etc.)
- 11. Administrative claims arising under the Federal Tort Claims Act.
[updated April 2018]