Opinion · Supreme Court of the United States

General Motors Corp. v. United States

Gen. Motors Corp. v. United States, 434 U.S. 1033 (1978)

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.