Opinion · Supreme Court of the United States

General Motors Corp. v. United States

54 L. Ed. 2d 780

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

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 | implied right of action exists under Davis-Bacon Act

Citator

Cited by
46 opinions

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