28 U.S.C. § 2508
Counterclaim or set-off; registration of judgment
Upon the trial of any suit in the United States Court of Federal Claims in which any setoff, counterclaim, claim for damages, or other demand is set up on the part of the United States against any plaintiff making claim against the United States in said court, the court shall hear and determine such claim or demand both for and against the United States and plaintiff.
If upon the whole case it finds that the plaintiff is indebted to the United States it shall render judgment to that effect, and such judgment shall be final and reviewable.
The transcript of such judgment, filed in the clerk’s office of any district court, shall be entered upon the records and shall be enforceable as other judgments.
Notes of Decisions
Cited in 49
cases (4 in the last 5 years), 1949–2023 · leading case: The Sharman Company, Inc. v. United States
The Sharman Company, Inc. v. United States (1993)
“§ 1503 (1988) and 28 U.S.C. § 2508 (1988), granting the Claims Court jurisdiction over government claims in cases where the court has jurisdiction over the plaintiff's claims.”
Mw Builders, Inc. v. United States (2017)
“§§ 7101-7109 ; Counterclaims, 28 U.S.C. § 2508 ; False Claims Act, 31 U.”
Westchester Fire Insurance v. United States (2002)
“”) and 28 U.S.C. § 2508 (“Upon the trial of any suit in the United States Court of Federal Claims in which any setoff, counterclaim, claim for damages, or other demand is set up on the part of the United States against any plaintiff making claim against the United States in said…”
Rda Construction Corp. v. United States (2017)
“]” 28 U.S.C. § 2508 . The court’s jurisdiction to adjudicate Government counterclaims, however, is subject to the prerequisite that the court have jurisdiction to adjudicate an underlying claim against the Government in the same case.”
Government Services Corp. v. United States (2017)
“§ 7104 ); Counterclaims ( 28 U.S.C. § 2508 ); False Claims Act ( 31 U.”
Medina Construction, Ltd. v. United States (1999)
“Defendant’s Counterclaims Defendant raised counterclaims against Medina sounding in the forfeiture statute, the anti-fraud provision of the CDA, and the False Claims Act.”
Cencast Services, L.P. v. United States (2010)
“Plaintiffs point to the grant of jurisdiction in 28 U.S.C. § 2508 as supporting the argument that they should be permitted to raise the independent contractor issue as a setoff.”
Charles W. Daff, Trustee in Bankruptcy for Triad Microsystems, Inc. v. United States (1996)
“10 Pursuant to 28 U.S.C. § 2508 , the Court of Federal Claims is authorized to enter judgment in favor of the United States against a plaintiff in the amount in which the plaintiff is found to be indebted to the United States as a result of any “set-off, counterclaim, claim for…”
Sandnes' Sons, Inc. v. United States (1972)
“§ 1503 or counterclaim, 28 U.S.C. § 2508 , the two functions are for the first time united.”
Dobyns v. United States (2014)
“1981) (holding that defendant may not seek declarations via its counterclaims); see also 28 U.S.C. § 2508 . Even if this court could impose a constructive trust, various cases hold that a mere breach of contract does not constitute the sort of wrongdoing that gives rise to…”
Bank One v. United States (2003)
“This court’s jurisdiction over defendant’s counterclaim is predicated upon 28 U.S.C. § 2508 : Upon the trial of any suit in the United States Court of Federal Claims in which any setoff, counterclaim, claim for damages, or other demand is set up on the part of the United States…”
Conway v. United States (2021)
“28 U.S.C. § 2508 ; see also id. § 1503 (conferring jurisdiction over setoff claims).”
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