Commercial Litigation and Arbitration

Federal Jurisdiction — Court of Federal Claims Lacks Jurisdiction over RICO and Constitutional Claims Because They Do Not Mandate Payment of Money

Trevino v. United States, 2014 U.S. App. LEXIS 4252 (Fed. Cir. Mar. 7, 2014):

Fourth, the trial court does not have jurisdiction over Ms. Treviño's RICO claims or her claims under the due process, equal protection or supremacy clauses of the United States Constitution. These claims do not fall within the court's jurisdiction as defined by the Tucker Act because none of those statutes or constitutional provisions mandate the payment of money. See Hufford v. United States, 87 Fed. Cl. 696, 702 (2009) (holding that the Court of Federal Claims lacks jurisdiction over RICO claims); United States v. Connolly, 716 F.2d 882, 887 (Fed. Cir. 1983) (en banc) (holding that the Court of Federal Claims lacks jurisdiction over claims based on constitutional provisions that do not obligate the government to pay money).

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