Posted on March 16, 2017
I was unaware, until reading the reference in this week’s opinion from the Federal Circuit, that Mr. Sammons had commenced a parallel proceeding in the U.S. District Court for the Western District of Texas. Mr. Sammons attempted to circumvent the Tucker Act which shuffles many claims against our government to the U.S. Court of Federal Claims when the amount in controversy exceeds $10,000. Mr. Sammons’ litigation in the District Court did not fare well. The Honorable Fred Biery dismissed his complaint. Mr. Sammons has filed a notice of appeal in the District Court indicating that he intends to ask the U.S. Court of Appeals for the Fifth Circuit to review Judge Biery’s decision.
Copies of the key documents are bundled into a zip file, are available at http://bankrupt.com/misc/