Contents. Acknowledgments

Transcription

1 Contents Foreword Acknowledgments vii xiii Chapter 1: The Federal Government As A Civil Litigant THE FEDERAL GOVERNMENT AS A PRIMARY ACTOR BEFORE THE CIVIL COURTS THE ATTORNEY GENERAL AND THE DEPARTMENT OF JUSTICE (a) Introduction: Centralized Control Of Federal Government Litigation (b) The Attorney General And Centralized Litigation Authority (c) The Structure Of The Department Of Justice (d) The Litigating Divisions (d)(1) Introduction To The Litigating Divisions (d)(2) The Environment And Natural Resources Division (d)(3) The Civil Division (e) The United States Attorneys (f) The Solicitor General THE GOVERNMENT LAWYER: NATURE OF WORK, THE GOVERNMENT CLIENT AND PUBLIC INTEREST, AND ETHICS (a) The Nature Of The Government Lawyer s Work (b) The Government As Client, The Public Interest, And The Moral Conscience Of The Government Lawyer 20 xix

2 xx Litigation With The Federal Government 1.03(c) The Ethical Responsibilities Of The Government Litigator THE PRIVATE PRACTITIONER AND CONFLICTS OF INTEREST JURISDICTION, VENUE, AND JUSTICIABILITY SERVICE OF PROCESS UPON THE FEDERAL GOVERNMENT DISCOVERY AND THE FEDERAL GOVERNMENT (a) Introduction: How Discovery Is The Same And How It Is Different With The Federal Government (b) General Rules Of Discovery And The Federal Government (c) Availability Of The Freedom Of Information Act To Obtain Information For Civil Litigation (d) Federal Government Privileges And Work Product Protection (d)(1) Introduction To Federal Government Privileges (d)(2) Executive Communication Privileges (d)(3) State Secrets Doctrine (d)(4) Other Government Privileges (e) Work Product Protection THE GENERAL RULE OF NO JURY TRIALS IN FEDERAL GOVERNMENT CIVIL CASES SETTLEMENT OF GOVERNMENT CASES (a) Negotiating Settlement With The Federal Government (a)(1) Frequency Of Settlement Of Government Cases (a)(2) Likely Outcome Of Case And Costs As Considerations In Settlement (a)(3) Special Governmental Considerations In Settlement (a)(4) Initiating Settlement Discussion And Offer (a)(5) Internal Settlement Approval Process 57

3 Contents xxi 1.09(b) Government Authority To Settle (b)(1) Allocation Of Settlement Authority In Department Of Justice (b)(2) Unauthorized Settlements Are Unenforceable (b)(3) Court Settlement Conferences And Settlement Authority (c) The Federal Government And Alternative Dispute Resolution (d) Payment By The Government After Settlement PAYMENT OF JUDGMENTS AGAINST THE UNITED STATES AND INTEREST ON JUDGMENTS (a) The Judgment Fund For Payment Of Final Judgments (b) Setoff Against Judgment For Debts To United States (c) Interest On Judgments Against The Federal Government 70 Chapter 2: The Doctrine Of Federal Sovereign Immunity INTRODUCTION TO FEDERAL SOVEREIGN IMMUNITY THE HISTORY OF FEDERAL SOVEREIGN IMMUNITY (a) The Early Historical Origins Of Federal Sovereign Immunity In The United States (b) The Evolution Of The Doctrine Of Federal Sovereign Immunity In The Supreme Court (b)(1) Introduction To Federal Sovereign Immunity In The Supreme Court (b)(2) United States v. Lee (b)(3) Larson v. Domestic & Foreign Commerce Corp (b)(4) Malone v. Bowdoin (b)(5) Summary Of The Current Doctrine Of Sovereign Immunity And Direct Officer Suits 88

4 xxii Litigation With The Federal Government 2.03 JUDICIAL CONSTRUCTION OF STATUTORY WAIVERS OF FEDERAL SOVEREIGN IMMUNITY 93 Chapter 3: Specific Statutory Waivers Of Sovereign Immunity CATEGORIZATION OF STATUTORY WAIVERS OF SOVEREIGN IMMUNITY: SPECIFIC AND GENERAL 101 Part A: The Federal Tort Claims Act INTRODUCTION TO THE FEDERAL TORT CLAIMS ACT PREREQUISITES TO SUIT UNDER THE FTCA (a) The Administrative Claim Requirement (a)(1) Nature, Purpose, And Timing Of The Administrative Claim (a)(2) Presenting The Claim To The Appropriate Federal Agency (a)(3) Proper Notice In The Administrative Claim (a)(4) Statement Of Sum-Certain Amount Of Damages (a)(5) Evidence Of Authorization To Represent Claimant (b) The Two-Year Statute Of Limitations (b)(1) General Statute Of Limitations Rule (b)(2) The Discovery Rule (b)(3) Tolling Of FTCA Statute Of Limitations COMMENCEMENT OF SUIT UNDER THE FTCA (a) Timing Of FTCA Action (b) Jurisdiction And Venue In FTCA Suit (c) United States As Proper Party In FTCA Action (d) Joining Non-Federal Parties To FTCA Suit (e) Third-Party Claims And Counterclaims STANDARDS FOR IMPOSING LIABILITY UNDER THE FTCA (a) Outline Of Elements For Imposing Liability Under The FTCA 124

5 Contents xxiii 3.05(b) The State Law Liability Standard (b)(1) Identifying The State And Choice Of Law Rules (b)(2) Excluding Federal Law As The Basis For FTCA Claims (c) The Private Person Analogy (c)(1) The Private Person Analogy: Liability And Limitation (c)(2) Indian Towing v. United States: Liability Under Like Circumstances (c)(3) The Private Person Analogy In The Lower Federal Courts (c)(4) The Good Samaritan Doctrine In The Context Of Government Regulation (d) Liability For Wrongful Acts Or Omissions (Excluding Strict Liability) (e) The Scope-Of-Employment Requirement EXCEPTIONS TO LIABILITY UNDER THE FTCA (a) Introduction To FTCA Exceptions (b) The Discretionary Function Exception (b)(1) Introduction To The Discretionary Function Exception (b)(2) Dalehite v. United States (b)(3) United States v. Varig Airlines (b)(4) Berkovitz v. United States (b)(5) United States v. Gaubert And The Current State Of The Law (c) The Misrepresentation Exception (d) The Intentional Tort Exception (d)(1) Introduction To The Intentional Tort Exception (d)(2) The Breadth Of The Intentional Tort Exception (d)(3) The Intentional Tort Exception And Claims For Negligent Hiring, Training, Or Supervision 161

6 xxiv Litigation With The Federal Government 3.06(e) The Foreign Country Exception (f) Other Exceptions To The FTCA DAMAGES UNDER THE FTCA CLAIMANTS EXCLUDED FROM RECOVERY UNDER THE FTCA (a) Introduction On Eligible Claimants Under The FTCA (b) Exclusion Of Federal Civilian Employees Injured On The Job (Federal Employees Compensation Act) (b)(1) Federal Employees Compensation Act Is Exclusive Remedy For Injuries On The Job (b)(2) General Unreviewability Of Secretary s Determinations Under The Federal Employees Compensation Act (b)(3) Stating The Problem: The Interrelationship Of The Federal Employees Compensation Act And The Federal Tort Claims Act (b)(4) Judicial Management Of The Intersection Of The Federal Employees Compensation Act And The Federal Tort Claims Act (b)(5) Advising clients Regarding Claims Under The Federal Employees Compensation Act And The Federal Tort Claims Act (c) Exclusion off Military Servicemembers Injured Incident To Service (The Feres Doctrine) (c)(1) Introduction To The Feres Doctrine (c)(2) Feres v. United States: Creation Of The Doctrine (c)(3) United States v. Johnson: Feres Revisited And Reaffirmed (c)(4) Feres, The FTCA, And The Veterans Benefits Act 182

7 Contents xxv 3.08(c)(5) The Meaning Of Incident To Service And The Scope Of The Feres Doctrine (c)(6) A Critique Of The Feres Doctrine And The Current State Of The Law 186 Part B: The Suits In Admiralty Act MARITIME CLAIMS AGAINST THE UNITED STATES: THE SUITS IN ADMIRALTY ACT THE JURISDICTIONAL SCOPE OF THE SUITS IN ADMIRALTY ACT, THE FEDERAL TORT CLAIMS ACT, AND THE PUBLIC VESSELS ACT IMPLYING THE DISCRETIONARY FUNCTION EXCEPTION INTO THE SUITS IN ADMIRALTY ACT 192 Part C: Employment Discrimination Claims FEDERAL SECTOR EMPLOYMENT DISCRIMINATION STATUTES TITLE VII OF THE CIVIL RIGHTS ACT OF THE AGE DISCRIMINATION IN EMPLOYMENT ACT DISABILITY DISCRIMINATION 198 Part D: Open Government And Privacy Laws OPEN GOVERNMENT AND PRIVACY LAWS (a) The Freedom Of Information Act (b) The Privacy Act (c) The Government-In-The-Sunshine Act 202 Part E: The Social Security Act DISABILITY LITIGATION UNDER THE SOCIAL SECURITY ACT 202 Part F: Environmental Protection Statutes SUITS AGAINST THE FEDERAL GOVERNMENT UNDER ENVIRONMENTAL PROTECTION STATUTES 205 Part G: The Veterans Benefits Act THE VETERANS BENEFITS ACT 208 Part H: The Religious Freedom Restoration Act 213

8 xxvi Litigation With The Federal Government 3.20 THE RELIGIOUS FREEDOM RESTORATION ACT 213 Part I: The Patent And Copyright Infringement Act THE PATENT AND COPYRIGHT INFRINGEMENT ACT 215 Part J: Agencies With Sue-And-Be-Sued Clauses And Government Corporations AGENCIES WITH SUE-AND-BE-SUED CLAUSES GOVERNMENT CORPORATIONS EXCEPTIONS TO SCOPE OF SUE-AND-BE-SUED CLAUSES 222 Chapter 4: General Statutory Waivers Of Sovereign Immunity CATEGORIZATION OF STATUTORY WAIVERS OF SOVEREIGN IMMUNITY: SPECIFIC AND GENERAL 225 Part A: The Tucker Act And Related Non-Tort Money Claims TRIAL COURT JURISDICTION THE UNITED STATES COURT OF FEDERAL CLAIMS AND THE UNITED STATES DISTRICT COURT (a) The United States Court Of Federal Claims (a)(1) The Origins Of The Court Of Claims (a)(2) The Modern Reconstitution Of The Court Of Claims Into The Court Of Federal Claims (a)(3) The Article I Status Of The Court Of Federal Claims (a)(4) The Varied Jurisdiction Of The Court Of Federal Claims (b) The Tucker Act As A Jurisdictional Statute (c) Concurrent Little Tucker Act Jurisdiction Of The United States District Court (d) Section 1500 And Claims Pending Simultaneously In The Court Of Federal Claims And Another Court (d)(1) Introducing The Problem Of Simultaneous Pending Claims In Different Courts 239

9 Contents xxvii 4.02(d)(2) The Origin Of Section 1500 As The Response To A Peculiar Historical Problem (d)(3) Section 1500 And The Prior-Filed Suit Scenario (d)(4) Section 1500 And The Later-Filed Suit Scenario (d)(5) Defining The Same Claim For Purposes Of Section (d)(6) Proposals To Repeal Section (e) Relief Available Under the The Tucker Act And In The Court Of Federal Claims (f) Six-Year Statute Of Limitations For Claims In The Court Of Federal Claims (g) Counterclaims By The Government In The Court Of Federal Claims APPELLATE JURISDICTION THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT (a) The Historical Origin And Nature Of The Federal Circuit (b) The Federal Circuit s General And Exclusive Jurisdiction Over Tucker Act Appeals (c) The Federal Circuit s Exclusive Jurisdiction Over Appeals In Mixed Cases With Both Little Tucker Act And Other Claims (d) The Federal Circuit s Non-Exclusive Jurisdiction Over Appeals From Final District Court Judgments In Disguised Big Tucker Act Cases (e) The Federal Circuit s Exclusive Jurisdiction Over Interlocutory Appeals From District Courts In Disguised Big Tucker Act Cases (f) The Federal Circuit s Appellate Jurisdiction Over Non-Tucker Act Matters THE TUCKER ACT AND STATUTORY MONEY CLAIMS (a) The Tucker Act As A Waiver Of Sovereign Immunity For Money Claims 256

10 xxviii Litigation With The Federal Government 4.04(b) The Requirement Of A Money-Mandating Provision For Tucker Act Claims Founded Upon Statute CIVILIAN EMPLOYMENT CLAIMS (a) The Tucker Act As The Former Means For Judicial Review Of Civilian Employment Claims (b) The Civil Service Reform Act As The Exclusive Means For Judicial Review Of Most Civilian Employment Claims (c) The Back Pay Act And Judicial Review Of Personnel Actions (d) Civilian Employment Matters Outside The Exclusive Coverage Of The Civil Service Reform Act MILITARY EMPLOYMENT CLAIMS (a) Military Pay Act Claims Under The Tucker Act (b) The Availability Of The Administrative Procedure Act As An Alternative To The Tucker Act For Relief In Military Employment Cases INDIAN MONEY CLAIMS (a) Indian Claims, The Tucker Act, And The Indian Tucker Act (b) The Mitchell Decisions (c) The Navajo Nation And White Mountain Apache Decisions (c)(1) The Navajo Nation Decision (c)(2) The White Mountain Apache Decision (d) The Role Of The Indian Trust Doctrine In Inferring A Substantive Right To Monetary Relief (e) Factors In Finding An Actionable Indian Trust Relationship (e)(1) Express Statutory Denomination Of Trust (e)(2) Role Of Trust Relationship And General Common Law Of Trust (e)(3) Control Of Indian Resources By Government 292

11 Contents xxix 4.07(e)(4) The Counter-Factor Of A Statutory Purpose To Encourage Indian Self-Determination (f) Indian Trust Claims Outside Of The Tucker Act THE TUCKER ACT, THE CONTRACT DISPUTES ACT, AND CONTRACT CLAIMS (a) Introduction To Government Contract Claims (b) The Contract Disputes Act (b)(1) Scope Of The Contract Disputes Act (b)(2) Administrative Submission Of A Claim Under The Contract Disputes Act (b)(3) Review By The Court Of Federal Claims Or The Board Of Contract Appeals (b)(4) Relief Available Under The Contract Disputes Act And The Bar On Specific Performance (b)(5) Bid Protest Litigation (c) Contracts Outside The Scope Of The Contract Disputes Act (d) Implied Contracts Under The Tucker Act (e) Governing Law For Federal Contracts (f) The Sovereign Acts Doctrine Or Defense THE TUCKER ACT CLAIMS FOUNDED UPON THE CONSTITUTION (a) Introduction To Constitutional Claims Under The Tucker Act (b) Fifth Amendment Takings Claims Under The Tucker Act (c) Other Constitutional Claims Under The Tucker Act 330 Part B: The Administrative Procedure Act And Claims For Specific Relief 331

12 xxx Litigation With The Federal Government 4.10 THE ADMINISTRATIVE PROCEDURE ACT (a) Introduction To The Administrative Procedure Act (b) The History Of Sovereign Immunity And The Administrative Procedure Act (c) Judicial Review Under The Administrative Procedure Act 335 Part C: The Relationship Between The Administrative Procedure Act And The Tucker Act THE UNEASY BORDER BETWEEN THE ADMINISTRATIVE PROCEDURE ACT AND THE TUCKER ACT BLURRING THE LINES: THE SUPREME COURT S DECISION IN BOWEN v. MASSACHUSETTS (a) The Supreme Court s Decision In Bowen v. Massachusetts (b) A Summary Of The Critique And The Impact Of Bowen v. Massachusetts RECENT JUDICIAL CLARIFICATIONS REGARDING THE RELATIONSHIP BETWEEN THE ADMINISTRATIVE PROCEDURE ACT AND THE TUCKER ACT (a) Supreme Court Decisions After Bowen v. Massachusetts (b) Federal Circuit Decisions After Bowen v. Massachusetts 346 Chapter 5: Suits Against Federal Officers Or Employees INTRODUCTION TO SUITS AGAINST FEDERAL OFFICERS OR EMPLOYEES 353 Part A: Suits Far Specific Or Equitable-Type Relief Against Federal Officers NON-STATUTORY SUITS AGAINST FEDERAL OFFICERS THE ADMINISTRATIVE PROCEDURE ACT MANDAMUS 357

13 Contents xxxi Part B: Suits For Damages Against Federal Officers INTRODUCTION TO SUIT FOR DAMAGES AGAINST FEDERAL OFFICERS COMMON-LAW CLAIMS FOR DAMAGES AND IMMUNITY OF FEDERAL OFFICERS (a) Common-Law Claims Against Federal Officers (b) Judicial Precursors To Immunity For Federal Officers From Common-Law Suits (c) Statutory Immunity For Federal Officers From Common-Law Suits (The Westfall Act) (c)(1) Introduction To The Westfall Act (c)(2) The Legal Effect Of Officer Immunity And Substitution Of The United States As Defendant (c)(3) Attorney General Certification And Judicial Review Of Scope Of Employment (c)(4) Governing Law And Factual Determination Of Scope Of Employment Question (c)(5) Removal To Federal Court In Westfall Act Cases (c)(6) Exceptions To Westfall Act Immunity CONSTITUTIONAL CLAIMS FOR DAMAGES AGAINST FEDERAL OFFICERS BIVENS SUITS (a) Introduction To Constitutional Damages Claims (b) Judicial Implication Of A Cause Of Action For Damages For Constitutional Violations Against Federal Officers Bivens v. Six Unknown Named Agents (c) Limitations On Implying A Cause Of Action For Damages For Constitutional Violations (d) Immunity Of Federal Officers Against Constitutional Suits For Damages (d)(1) Introduction To Immunity In Bivens Cases 382

14 xxxii Litigation With The Federal Government 5.07(d)(2) Adoption And Definition Of Qualified Immunity For Federal Officers Against Constitutional Suits For Damages (d)(3) Determining The Objective Reasonableness Of Official Conduct For Qualified Immunity Purposes (d)(4) Resolving The Qualified Immunity Question At Early Stage (e) Representation Of Federal Officers Against Constitutional Claims (f) Implying A Constitutional Claim For Damages Against The United States (g) The Choice Between Imposing Liability On The Employee And Imposing Liability Upon The Government For Constitutional Violations 394 Chapter 6: Binding The Federal Government 399 Part A: Unauthorized Representations By Government Employees Equitable Estoppel INTRODUCTION TO THE QUESTION OF EQUITABLE ESTOPPEL AGAINST THE FEDERAL GOVERNMENT THE PRESUMPTION AGAINST ESTOPPEL OF THE FEDERAL GOVERNMENT THE PROHIBITION ON ESTOPPEL OF THE FEDERAL GOVERNMENT IN STATUTORY MONEY CASES A CRITIQUE OF GOVERNMENTAL ESTOPPEL LAW THE CONTINUED AVAILABILITY OF ESTOPPEL AGAINST THE GOVERNMENT? 407 Part B: Prior Adjudication: Preclusion And Stare Decisis INTRODUCTION TO PRIOR ADJUDICATION AND PRECLUSION THE UNAVAILABILITY OF NONMUTUAL PRECLUSION AGAINST THE GOVERNMENT 411

15 Contents xxxiii 6.08 PRECLUSION AND SOVEREIGN IMMUNITY STARE DECISIS AND GOVERNMENTAL NONACQUIESCENCE IN LOWER COURT PRECEDENT 418 Chapter 7: Attorney s Fees: Limitations And Awards INTRODUCTION TO ATTORNEY S FEES IN FEDERAL GOVERNMENT LITIGATION 427 Part A: Limitations On Private Attorney s Fee Contracts In Federal Government Cases INTRODUCTION TO LIMITATIONS ON FEE CONTRACTS LIMITATION ON ATTORNEY S FEES IN FEDERAL TORT CLAIMS ACT CASES (a) The Basic Statutory Limitation On Fees (b) Calculating The Fee When Recovery Involves Future Payments Or Non-Monetary Benefits LIMITATION ON ATTORNEY S FEES IN SOCIAL SECURITY BENEFITS CASES (a) The Purpose Of The Limitation On Fees And Judicial Review (b) The Previous Debate On Proper Measurement Of Fees (c) The Supreme Court s Standard For Measuring Fees (d) Refunding the The Contingency Fee To The Client In Fee-Shifting Situations 434 Part B: Awards Of Attorney s Fees In Federal Government Cases INTRODUCTION TO FEE-SHIFTING IN FEDERAL GOVERNMENT CASES SOVEREIGN IMMUNITY AND THE AMERICAN RULE ON ATTORNEY S FEES BASIC PRINCIPLES FOR AWARDING ATTORNEY S FEES (a) Introduction To Awards Of Attorney s Fees (b) Eligibility For A Fee Award Prevailing Party Status 438

16 xxxiv Litigation With The Federal Government 7.07(c) Entitlement To A Fee Award (d) Measurement Of A Fee Award (d)(1) The Road To The Lodestar Approach (d)(2) The Lodestar Hours Reasonably Expended (d)(3) The Lodestar A Reasonable Hourly Rate (d)(4) Upward Adjustments To The Lodestar (Multipliers) (d)(5) Downward Departures Based Upon Degree Of Success (d)(6) Compensation For Delay In Receipt Of Fees (d)(7) Fees For Fees (e) Calculation Of Fees In Federal Government Cases (f) Timing And Procedure For Fee Applications ATTORNEY S FEE AWARDS IN EMPLOYMENT DISCRIMINATION CASES AGAINST THE GOVERNMENT (a) Fee Awards Under Title VII Of The Civil Rights Act Of (b) Fee Awards Under Age Discrimination In Employment Act (c) Fee Awards In Disability Discrimination Cases ATTORNEY S FEE AWARDS UNDER OPEN GOVERNMENT AND PRIVACY LAWS (a) Availability Of Fees (b) Eligibility For A Fee Award (c) Entitlement to To A Fee Award ATTORNEY S FEE AWARDS UNDER ENVIRONMENTAL PROTECTION STATUTES (a) Introduction To Awards Of Fees Under Environmental Statutes (b) Awards Of Fees As Appropriate And The Prevailing Requirement 468

17 Contents xxxv 7.10(c) Awards Of Fees As Appropriate And The Catalyst Theory (d) Awards Of Fees In Environmental Cases Against The Government (e) Concluding Thoughts On Success In Environmental Cases THE EQUAL ACCESS TO JUSTICE ACT (a) History, Purposes, And Overview Of The Equal Access To Justice Act (a)(1) Introduction To The EAJA (a)(2) Legislative History Of The EAJA (a)(3) Overview Of The EAJA (a)(4) Purposes Of The EAJA (b) EAJA Subsection (b) General Waiver For Fees (b)(1) Subsection (b) As A General Waiver For Fees (b)(2) Common-Law Fee-Shifting Awards (b)(3) Statutory Fee-Shifting Awards (c) EAJA Subsection (d) Fees For Unreasonable Government Conduct (c)(1) Subsection (d) Scope (c)(2) Subsection (d) Eligibility For A Fee Award (c)(3) Subsection (d) Entitlement To A Fee Award (Substantial Justification Standard) (c)(4) Subsection (d) Measurement Of Fee (Rate Ceiling) (c)(5) Subsection (d) Measurement Of Fee (Cost Of Living Adjustment) (c)(6) Subsection (d) Measurement Of Fee (Special Factor Enhancement) (c)(7) Subsection (d) Timing Of Application For Fees 500

18 xxxvi Litigation With The Federal Government Chapter 8: The United States As Plaintiff INTRODUCTION TO THE UNITED STATES AS PLAINTIFF 503 Part A: Power To Sue GOVERNMENT POWER TO FILE SUIT: GENERALLY THE POWER OF THE UNITED STATES TO SUE IN THE ABSENCE OF STATUTORY AUTHORIZATION (a) Whether The United States Has Inherent Power To Sue (b) United States v. City Of Philadelphia (c) Other Decisions Denying Inherent Power To Sue (d) In re Estelle (e) Scholarly Commentary On Government Power To Sue RECENT DEVELOPMENTS: GOVERNMENT SUITS AGAINST TOBACCO AND FIREARMS MANUFACTURERS (a) The Power To Sue Controversy Continues (b) The Federal Government s Lawsuit Against Tobacco Companies (c) The Federal Government Declines To Sue Handgun Manufacturers DEBT COLLECTION CIVIL FORFEITURE CLAIMS BY THE UNITED STATES (a) Civil Forfeiture As A Special Example Of The United States As Plaintiff (b) The Civil Asset Forfeiture Reform Act Of (c) Forfeiture, Notice, Contest, Pleading, And Judicial Review (d) Burden Of Proof On Government To Justify Forfeiture (e) The Innocent Owner Defense 523

19 Contents xxxvii 8.06(f) Right To Legal Counsel In Forfeiture Cases (g) Remedies To Successful Claimants 524 Part B: Time Limitations Statute Of Limitations And Laches INTRODUCTION TO TIME LIMITATIONS ON THE FEDERAL GOVERNMENT EXPRESS STATUTES OF LIMITATIONS ON GOVERNMENT SUITS TIME LIMITATIONS ON GOVERNMENT SUITS IN THE ABSENCE OF A FEDERAL STATUTE OF LIMITATIONS THE APPLICABILITY OF THE EQUITABLE DOCTRINE OF LACHES TO THE UNITED STATES TIME LIMITATIONS WHEN THE GOVERNMENT IS ASSIGNED PRIVATE RIGHTS OR ACTS IN A NON-SOVEREIGN CAPACITY 531 Part C: Counterclaims Against The United States WAIVER OF SOVEREIGN IMMUNITY NECESSARY FOR COUNTERCLAIM AGAINST UNITED STATES SET-OFFS AGAINST UNITED STATES 536 Table Of Cases 539 Table Of Statutes 565 Table Of Books And Journals 579 Index Of Subjects 597

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