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Federal Courts -
U. S. Supreme Court - January 8 - January 11, 2008
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John R. Sand & Gravel Co. v. United States, No. 06-1164,
SUPREME COURT OF THE UNITED STATES, January 8, 2008, Decided
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Overview: Although the government effectively waived the limitations period applicable to claims against the government in the U.S. Court of Federal Claims under, the appellate court sua sponte determined that the limitations period was not subject to waiver. The lessor contended that precedent stating that the period was jurisdictional was overturned in a case applying equitable tolling for discrimination claims against the government, and that equitable considerations warranted treating the government like other litigants. The U.S. Supreme Court held, however, that the appellate court properly considered the timeliness of the lessor's claims regardless of the government's waiver. Precedent establishing the jurisdictional nature of the limitations period applicable in the U.S. Court of Federal Claims was longstanding and consistent, and the consideration of equitable principles with regard to discrimination claims against the government had no prior definitive precedent precluding such consideration. Further, basic principles of stare decisis supported the precedent in view of congressional acquiescence and the need for legal stability.
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