Litigation with the Federal Government
In recent years the United States government has been a party, as plaintiff or defendant, to between one-fifth and one-third of all civil actions filed in the federal courts. Moreover, the federal government is not a typical litigant; it benefits from a plethora of special procedures, defenses, and limitations on liability not available to others.
This course will examine the unique features of litigation with the federal government, including the respective roles of various parts of the Department of Justice. Topics covered will include issues of jurisdiction, venue and justiciability; discovery; jury trials in government cases; settlement authority; the doctrine of sovereign immunity along with the various special statutory waivers of immunity; suits against federal officers; the application of the doctrines of estoppel, issue and claim preclusion; the availability of attorneys fee awards; statutes of limitation; and counterclaims against the United States.