From time to time, federal jurisdictional questions present themselves.
Seldom do lawyers have to wrestle with two conflicting federal laws, each
of which confers exclusive jurisdiction over a particular case on a different court.
But Domina Law Group pc llo had to do so in a case arising in bankruptcy
but involving inverse condemnation by a federal agency. The Bankruptcy
Act gives exclusive jurisdiction of a case like this to the bankruptcy
court. The Tukert Act, passed during the Civil War, gives exclusive jurisdiction
of condemnation cases to the Court of Federal Claims.
The US Court of Appeals for the Ninth Circuit was called upon to reconcile
the two by arguments presented by Domina Law Group PC llo. Domina Law
Group pc llo tried the case, involving an Arizona farmer’s lease
with the BIA, and won a verdict of more than $1.0 million for the client.
On appeal, Domina Law Group pc llo avoided dismissal of the case and loss
of the client’s rights when the Ninth Circuit reconciled the two
McGuire v. United States
550 F.3d 903, 61 Collier Bankr.Cas.2d 211 (9th Cir. 2008)
National American Ins. Co. v. CenTra, Inc.
151 F.3d 780 (8th Cir. 1998)