The National Courts Section of the Commercial Litigation Branch has expertise in a range of cases that are properly brought in the Court of Federal Claims, including cases related to procurement, breach of contract, federal labor law, and illegal exactions.

The National Courts Section and the Environment and Natural Resources Division (ENRD) also litigate takings claims arising under the Fifth Amendment. Takings claims where the government does not intend to acquire private property and may dispute that it has done so, commonly referred to as inverse condemnation claims, are heard by the Court of Federal Claims. These claims are typically handled by ENRD attorneys where a real property interest is allegedly taken and by National Courts Section attorneys where the alleged taking concerns personal or intangible property. In contrast, federal district courts hear direct condemnation cases, where the federal government has indicated an intent to acquire private property for public use and the court is determining just compensation. Those cases are generally handled or monitored by the Environment and Natural Resources Division. USAOs that receive such claims should contact the National Courts Section or ENRD, as appropriate.

Commercial Litigation Branch attorneys handle most non-tax cases in the United States Court of Federal Claims. United States Attorneys should be vigilant in moving to dismiss or transfer cases brought in district court over which the Court of Federal Claims has exclusive jurisdiction. The Court of Federal Claims possesses exclusive jurisdiction for all cases, not sounding in tort, where money damages of more than $10,000 is sought from the federal government under any contract, executive order, statute, or regulatory provision that mandates compensation by the federal government. Concurrent jurisdiction lies with the district courts for claims seeking less than $10,000, except when the claim is raised under the Contract Disputes Act, because any claim raised under the Contract Disputes Act is within the exclusive jurisdiction of the Court of Federal Claims. Further, the Court of Federal Claims possesses exclusive jurisdiction to entertain challenges to contract awards, to include issuing injunctive relief. When moving to dismiss or transfer cases over which the Court of Federal Claims has exclusive jurisdiction, the USAO should refer to internal guidance maintained by the Civil Division and should contact the National Courts Section to ensure that that any positions taken do not conflict with positions National Courts Section attorneys routinely assert before the Court of Federal Claims.

Cases asserting implied warranties or indemnities arising out of contracts for government purchase of products made in conformity with Government specifications where those products' alleged toxicity caused personal injuries should be referred to the Environmental Torts staff of the Torts Branch. In addition, cases where government contractors seek to invoke indemnity provisions to be held harmless from environmental regulatory claims and tort claims should be referred to the same staff. See JM 4-5.500.

[updated April 2018]