28 U.S.C. § 2414

Payment of judgments and compromise settlements

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Except as provided by chapter 71 of title 41, payment of final judgments rendered by a district court or the Court of International Trade against the United States shall be made on settlements by the Secretary of the Treasury. Payment of final judgments rendered by a State or foreign court or tribunal against the United States, or against its agencies or officials upon obligations or liabilities of the United States, shall be made on settlements by the Secretary of the Treasury after certification by the Attorney General that it is in the interest of the United States to pay the same.

Whenever the Attorney General determines that no appeal shall be taken from a judgment or that no further review will be sought from a decision affirming the same, he shall so certify and the judgment shall be deemed final.

Except as otherwise provided by law, compromise settlements of claims referred to the Attorney General for defense of imminent litigation or suits against the United States, or against its agencies or officials upon obligations or liabilities of the United States, made by the Attorney General or any person authorized by him, shall be settled and paid in a manner similar to judgments in like causes and appropriations or funds available for the payment of such judgments are hereby made available for the payment of such compromise settlements.

Notes of Decisions

Cited in 117 cases (30 in the last 5 years), 1956–2025 · leading case: Marilyn Keepseagle v. Sonny Perdue, 856 F.3d 1039 (D.C. Cir. 2017).

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Marilyn Keepseagle v. Sonny Perdue, 856 F.3d 1039 (D.C. Cir. 2017). · cites it 10× “” 28 U.S.C. § 2414 . Concededly, the nonprofit organizations that will receive cy- près distributions out of leftover settlement funds may not possess any claims against the United States.”

Marathon Oil Co. & Mobile Oil Expl. & Producing Se., Inc. v. United States, 374 F.3d 1123 (Fed. Cir. 2004). · cites it 4× “We are aware of two cases from sister circuits that have held that a different aspect of the Judgment Fund statute — the incorporation of 28 U.S.C. § 2414 in section 1304(a)(3)(A) — is not “a superseding limitation on the government’s waiver of sovereign immunity.”

Repub. Nat'l Bank of Miami v. United States, 506 U.S. 80 (1992). · cites it 2× “Title 28 U. S. C. § 2414 , in turn, authorizes the payment of "final judgments rendered by a district court .”

McKenzie v. Kennickell, 669 F. Supp. 529 (D.D.C. 1987). · cites it 7× “§ 1304 (a), governing payment of judgments against the United States, prohibit such awards and only permits payment when a judgment is final under 28 U.S.C. § 2414 . The government maintains that the August 10 order was not final until “the Attorney General determines that no…”

Comm'r, Immigr. & Naturalization Serv. v. Jean, 496 U.S. 154 (1990). “because it is “necessary for the preparation of the party’s case[,]” 28 U. S. C. § 2414 (d)(2) (A),”’ but they would subject a fee request for any further work in pursuing that application to an additional substantial justification defense.”

Jurgens v. Equal Emp. Opportunity Comm'n, 660 F. Supp. 1097 (N.D. Tex. 1987). · cites it 7× “Moreover, it contends, the award must be payable pursuant to 28 U.S.C. § 2414 . Section 2414 concerns the payment of final judgments, defined as those judgments from which the Attorney General has determined that no appeal shall be taken.”

Dalles Irrigation Dist. v. United States, 91 Fed. Cl. 689 (Fed. Cl. 2010). · cites it 2× “See 28 U.S.C. § 2414 (d)(1)(B). In light of these submissions, the government’s objections are unavailing and the submissions satisfy EAJA’s requirement of an itemized statement.”

Cnty. of Suffolk, Ny v. Sebelius, 605 F.3d 135 (2d Cir. 2010). “at 14-32, only when the sought-after payment is: (1) “not otherwise provided for” by law; (2) “certified by the Secretary of the Treasury”; and (3) payable under, inter alia, 28 U.S.C. § 2414 (relating to final judgments entered by federal district courts).”

Richard Lucas v. United States of Am., Richard Lucas, Cross-Appellees v. United States of Am., Cross-Appellant, 807 F.2d 414 (5th Cir. 1986). “However, the section authorizing payment of judgments against the United States, 28 U.S.C. § 2414 , is listed in section 1304.”

Guardians v. United States Forest Serv., 778 F. Supp. 2d 1143 (D.N.M. 2011). · cites it 5× “The USFS also asserts that the Court is not awarding fees in violation of the EAJA, and that the United States of America has the authority to settle attorneys’s fees and merits together, because 28 U.S.C § 2414 authorizes the Attorney General of the United States Department of…”

Robert Hayes v. Comm'r of Soc. Sec., 895 F.3d 449 (6th Cir. 2018). “The next month Cybriwsky moved for attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2414 . After granting leave to amend and correct the motion, the district court granted attorney's fees in the sum of $2,225 in August 2012.”

Sarah L. McDONALD, Plaintiff-Appellee, v. Richard SCHWEIKER, Sec'y of Health & Human Servs., Defendant-Appellant, 726 F.2d 311 (7th Cir. 1984). “, 28 U.S.C. § 2414 ; 31 U.S.C. § 1304 (b)(1)), this shows that when Congress uses the words “final judgment” without explicitly adding “final after all appellate proceedings” (or words to that effect) it must mean final just in the district court.”

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— 28 U.S.C. § 2414(d)(1)(B) — 1 case

Gezehne v. Ashcroft, 117 F. App'x 592 (9th Cir. 2004).

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