“The Court of Appeals for the Federal Circuit held that the [Court of Federal Claims (CFC)] suit was not barred by the rule that the CFC lacks jurisdiction over an action ‘for or in respect to’ a claim that is also the subject of an action pending in another court. 28 U.S.C. § 1500. The question presented is whether a common factual basis like the one apparent in the Nation’s suits suffices to bar jurisdiction under § 1500.”
“Two suits are for or in respect to the same claim, precluding jurisdiction in the CFC, if they are based on substantially the same operative facts, regardless of the relief sought in each suit. . . . Under § 1500, the substantial overlap in operative facts between the Nation’s District Court and CFC suits precludes jurisdiction in the CFC.”
