Opinion · Supreme Court of the United States

General Motors Corp. v. United States

434 U.S. 1033

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1978-01-16
Topic
general

How later courts describe this case

  • discussing origin of section 2401(a) in the Tucker Act, conferring concurrent jurisdiction in the district courts and Court of Claims
  • finding that implying a private right of action in Act is necessary to effectuáte the intention of Congress in passing the statute; however, the Seventh Circuit in Simpson v. Reynolds Metals Co., Inc., 629 F.2d 1226, 1240 n. 27 (7th Cir.1980
  • adopting reasoning of McDaniel v. University of Chicago, 512 F.2d 583, 585-86 (7th Cir.) (“McDaniel I”), vacated & remanded, 423 U.S. 810, 96 S.Ct. 20, 46 L.Ed.2d 30 (1975)
  • “collateral estoppel doctrine does not apply when different sovereigns and, thus, different parties are involved in the litigation”
  • statute of limitations applies to action by civilian employee of Navy challenging termination of employment
  • "an action for breach of an employment contract is traditionally a state court action”
  • implied right of action exists under Davis-Bacon Act

Citator

UpLaw has not yet analyzed General Motors Corp. v. United States. The absence of a flag is not a finding that it is good law.

Cited by
86 opinions

C. A. D. C. Cir. Certiorari denied.