One article there has most stupid statement EVER in a law review article:
Even assuming the veracity of Mr. Awad’s allegations, under our current jurisprudence Mr. Awad has no authority to challenge the government’s action. Mr. Awad tried to bring a civil action, but it was dismissed for lack of jurisdiction and transferred to the CFC.[77] Although the CFC has yet to rule, Mr. Awad’s case will also probably be dismissed from the CFC for lack of jurisdiction—leaving Mr. Awad without a forum that can adjudicate his claims.[78]
Just because someone claims that a court doesn't have jurisdiction and loses that legal argument, doesn't mean that the court is bound to decide that it doesn't have jurisdiction. In fact, just the opposite is true!
Anyway, contracts with the government are within the jursidiction of the Ct. Fed. Cl. Contracts based on MOUs have been heard at the CFC. THe only thing that the CFC probably can't do is provide him with equitable relief.
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One article there has most stupid statement EVER in a law review article:
Even assuming the veracity of Mr. Awad’s allegations, under our current jurisprudence Mr. Awad has no authority to challenge the government’s action. Mr. Awad tried to bring a civil action, but it was dismissed for lack of jurisdiction and transferred to the CFC.[77] Although the CFC has yet to rule, Mr. Awad’s case will also probably be dismissed from the CFC for lack of jurisdiction—leaving Mr. Awad without a forum that can adjudicate his claims.[78]
Just because someone claims that a court doesn't have jurisdiction and loses that legal argument, doesn't mean that the court is bound to decide that it doesn't have jurisdiction. In fact, just the opposite is true!
Anyway, contracts with the government are within the jursidiction of the Ct. Fed. Cl. Contracts based on MOUs have been heard at the CFC. THe only thing that the CFC probably can't do is provide him with equitable relief.
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