1. “Whether 28 U.S.C. § 1500 treats a claim in a non-Claims Court suit as ‘for or in respect to’ a claim in the Claims Court when Congress has precluded the plaintiff from bringing both claims in the same court.” 2. “Whether 28 U.S.C. § 1500 prohibits adjudication of a case in the Claims Court when the plaintiff’s related non-Claims Court action is no longer pending.”
“Keene filed two complaints against the United States in the Court of Federal Claims. When it filed each complaint, however, Keene had a similar claim pending against the Government in another court. We hold that 28 U.S.C. § 1500 consequently precludes Court of Federal Claims jurisdiction over Keene’s actions and affirm the dismissal of its complaints. . . .”