UNR Industries, Inc. v. United States

 
APPEAL NO.
89-1638, 89-1639, 89-1648
OP. BELOW
CC
SUBJECT
Asbestos
AUTHOR
Mayer

Question(s) Presented

“The Claims Court’s jurisdiction over this suit is at issue today.”

Holding

“Therefore, we hold today that in accordance with the words, meaning, and intent of section 1500: 1) if the same claim is pending in another court at the time the complaint is filed in the Claims Court, the Claims Court has no jurisdiction, regardless of when an objection is raised or acted on; 2) if the same claim is filed in another court after the complaint is filed in the Claims Court, the Claims Court is by that action divested of jurisdiction, regardless of when the court memorializes the fact by order of dismissal; and 3) if the same claim has been finally disposed of by another court before the complaint is filed in the Claims Court, ordinary rules of res judicata and available defenses apply.”