Today the Federal Circuit rebuffed an attempt to require oyster growers to litigate, in the U.S. Court of Federal Claims, tort claims against private dredgers for damaging the oyster habitat.  The district court, in Galveston, Texas, concluded that it lacked jurisdiction and ordered transfer of the case to the Court of Federal Claims.  The Federal Circuit reversed on both points.  Fisherman’s Harvest, Inc. v. PBS & J, No. 06-1208 (Fed. Cir. June 21, 2007).

Barry Barnett

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