Berkowitz v. U.S. Army (Maryland U.S.D.C.)(not approved for publication)

Filed December 21, 2006--Opinion by Judge J. Frederick Motz (not approved for publication)

Defendant United States Army's motion to dismiss a non-tort monetary claim for lack of subject matter jurisdiction denied. Defendant suggested that transfer of the matter to the Court of Federal Claims would be inappropriate given the significant statute of limitations issues and motioned for dismissal by the District Court for lack of subject matter jurisdiction.

The Court transferred the action to the Court of Federal Claims pursuant to 28 U.S.C. §1631 based on the lack of subject matter jurisdiction and consequent impropriety for any District Court ruling on the statute of limitation issues.

The opinion did not describe the precise nature of the claim.

The full opinion is available in PDF