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28 U.S.C. § 2402 — Jury trial in actions against United States
Federal law — U.S. Code and appendices · legal_authorities
Subject to chapter 179 of this title, any action against the United States under section 1346 shall be tried by the court without a jury, except that any action against the United States under section 1346(a)(1) shall, at the request of either party to such action, be tried by the court with a jury.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2402-jury-trial-in-actions-against-united-states--5345b3a5bb.md
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Source location: Title 28, Chapter 161, § 2402; chapter-161-united-states-as-party-generally.md
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Subject to chapter 179 of this title, any action against the United States under section 1346 shall be tried by the court without a jury, except that any action against the United States under section 1346(a)(1) shall, at the request of either party to such action, be tried by the court with a jury.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction.—** Subject to the provisions of chapter 179, the United States Court of Appeals for the Federal Circuit shall have jurisdiction over a petition for review of a final decision under chapter 5 of title 3 of—
(1) an appropriate agency (as determined under [section 454 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section454&num=0&edition=prelim));
(2) the Federal Labor Relations Authority made under part D of subchapter II of chapter 5 of title 3, notwithstanding [section 7123 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7123&num=0&edition=prelim); or
(3) the Secretary of Labor or the Occupational Safety and Health Review Commission, made under part C of subchapter II of chapter 5 of title 3.
**(b) Filing of Petition.—** Any petition for review under this section must be filed within 30 days after the date the petitioner receives notice of the final decision.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1296
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of:
(1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws;
(2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort, except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections 7104(b)(1) and 7107(a)(1) of title 41. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States.
**(b)**
(1) Subject to the provisions of chapter 171 of this title, the district courts, together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and afte
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1346
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Federal law — U.S. Code and appendices · legal_authorities
Page 596
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2402
Provisions of section 41(20) of title 28, U.S.C., 1940 ed.,
relating to jurisdiction of district courts and trial by
the court of actions against the United States are the
basis of sections 1346(a) and 2402 of this title.
Words in subsec. (a) of this revised section, ‘‘person
under legal disability or beyond the seas at the time
the claim accrues’’ were substituted for ‘‘claims of
married women, first accrued during marriage, of per-
sons under the age of twenty-one years, first accrued
during minority, and of idiots, lunatics, insane persons,
and persons beyond the seas at the time the claim ac-
crued, entitled to the claim.’’ (See reviser’s note under
section 2501 of this title.)
Words in section 41(20) of title 28, U.S.C., 1940 ed.,
‘‘nor shall any of the said disabilities operate cumula-
tively’’ were omitted. (See reviser’s note under section
2501 of this title.)
A provision in section 41(20) of title 28, U.S.C., 1940
ed., that disabilities other than those specifically men-
tioned should not prevent any action from being barred
was omitted as superfluous.
Subsection (b) of the revised section simplifies and
restates said section 942 of title 28, U.S.C., 1940 ed.,
without change of substance.
Changes were made in phraseology.
SENATE REVISION AMENDMENT
Subsection (b) amended in the Senate to insert the 1
year limitation on the bringing of tort actions and to
include the limitation upon the time in which tort
claims not exceeding $1000 must be presented to the ap-
propriate Federal agencies for administrative disposi-
tion. 80th Congress Senate Report No. 1559, Amendment
No. 48.
Editorial Notes
AMENDMENTS
2011—Subsec. (a). Pub. L. 111–350 substituted ‘‘chapter
71 of title 41’’ for
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2402
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