Issues of fact preclude summary judgment as to whether notice of intent to initiate litigation constituted a ``claim''
The United States District Court for the Middle District of Florida, applying Florida law, ruled that issues of fact precluded summary judgment as to whether a notice of intent to initiate litigation served on the policyholder constituted a ``claim.''
On April 26, 2011, the US Supreme Court decided United States v. Tohono O'odham Nation, No. 09-846, holding that under 28 USC § 1500, two suits are ``for or in respect to'' the same claim, precluding jurisdiction in the Court of Federal Claims, if they are based on substantially the same operative facts, regardless of the relief sought in each suit.