No. 22-1110

Justin Paul Dreiling v. United States

Lower Court: Federal Circuit
Docketed: 2023-05-12
Status: Denied
Type: Paid
Response Waived
Tags: constitution court-of-federal-claims equitable-jurisdiction equitable-relief executive-department executive-regulation judicial-jurisdiction jurisdiction monetary-claims statutory-interpretation united-states
Key Terms:
AdministrativeLaw ERISA Patent
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Shall the Court of Federal Claims have jurisdiction to render judgment upon any claim against the United States founded upon any regulation of an executive department?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 28 U.S.C. § 1491(a)(1) states, “The Court of Federal Claims shall have jurisdiction to render judgment : upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.” This Court has repeatedly held the text of the foregoing statute is limited to only monetary demands against the government. The Questions Presented Are: , 1. Shall the Court of Federal Claims have jurisdiction to render judgment upon any claim against the United States founded upon any regulation of an executive department? ; 2. Whether the Court should overrule United States v. Jones, 131 US. 1 (1889), or clarify the holding in Jones and recognize the plain language of 28 U.S.C. § 1491(a)(1) confers equitable jurisdiction upon the Court of Federal Claims.

Docket Entries

2023-10-02
Petition DENIED.
2023-06-14
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Waiver of right of respondent United States to respond filed.
2023-05-10

Attorneys

Justin P. Dreiling
Justin Paul Dreiling — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent