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View Diary: Sen. Elizabeth Warren gives thumbs down to AIG's possible suing of taxpayers for bailing it out (125 comments)

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  •  FTCA? (0+ / 0-)

    Maybe sue Geithner personally under Bivens?

    Actually, if the defendant is the NY Fed, the suit is prosbly easier, jurisdictionally.

    Difficult, difficult, lemon difficult.

    by Loge on Tue Jan 08, 2013 at 03:09:36 PM PST

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    •  Is the Fed not covered by sovereign immunity? (0+ / 0-)

      I hadn't heard of that.

      "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

      by FogCityJohn on Tue Jan 08, 2013 at 05:48:44 PM PST

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      •  found the answer: (1+ / 0-)
        Recommended by:
        FogCityJohn

        28 U.S.C. 1491:  there's jurisdiction in the court of federal claims, which is where the suit was brought.  Starr International Co. v. U.S., 1:11-cv-00779, U.S. Court of Federal Claims.  

        There was earlier litigation against the federal reserve bank of new york in district court by Greenberg.  He cited 12 U.S.C. § 341, which does seem to be determinative.  The FRBNY didn't assert immunity, but rather preemption of the common law claims, on the basis of being an instrumentality of the federal government.  My intuition was that since the FRBNY engages in open-market operations, it would have to be able to sue and be sued, but only in federal court.

        Difficult, difficult, lemon difficult.

        by Loge on Tue Jan 08, 2013 at 06:19:56 PM PST

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        •  That's the Tucker Act. (0+ / 0-)

          Thanks.

          So this must be a contract claim seeking nothing other than monetary damages from the U.S. government.  Those are the only kinds of suits the Court of Federal Claims can hear.

          "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

          by FogCityJohn on Tue Jan 08, 2013 at 09:56:26 PM PST

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