Pacer Fees Fight Involves Tucker Act Claims
The U.S., in opposing litigation challenging use of Pacer fees to fund some non-Pacer expenses (see 1901170031), doesn't address the constitutional issues or what the E-Government Act says about charging fees, and flies in the face of lengthy precedent that…
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the Little Tucker Act gives jurisdiction to recover illegal exaction by government. That according to a docket 19-1081 response and reply brief (in Pacer) Friday by plaintiff-appellants National Veterans Legal Services Program, National Consumer Law Center and Alliance for Justice. DOJ had said the lower court's denial to dismiss the case should be vacated. The Tucker and Little Tucker Act permits claims against government seeking return of money paid to it.