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MARCUM LLP v. U.S.

No. 2014-5001.

753 F.3d 1380 (2014)

MARCUM LLP, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 13, 2014.

Attorney(s) appearing for the Case

Andrew S. Ittleman , Fuerst Ittleman David & Joseph, PL, of Miami, Florida, argued for plaintiff-appellant. With him on the brief were Mitchell S. Fuerst and Joseph A. Diruzzo, III.

James Sweet , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart F. Delery , Assistant Attorney General, Bryant G. Snee , Acting Director, and Reginald T. Blades, JR. , Assistant Director.

Before RADER, DYK, and O'MALLEY, Circuit Judges.

RADER, Circuit Judge.

The United States Court of Federal Claims dismissed Marcum LLP's (Marcum) Fifth Amendment takings claim for lack of subject matter jurisdiction. Marcum LLP v. United States, 112 Fed.Cl. 167, 179 (Fed.Cl.2013). The claim seeks compensation for unpaid legal fees incurred for work rendered as a court-appointed legal services provider pursuant to the Criminal Justice Act (CJA). Because the CJA provides its own remedial scheme, Marcum cannot...

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