Opinion — No. 1:23-cv-01876 (Dkt. 18)

Summary

A corrected memorandum opinion by Judge Richard A. Hertling of the United States Court of Federal Claims, filed July 24, 2024 as Document 18 in No. 23-1876C, a suit by 303 restaurant, bar and catering businesses against the United States. The plaintiffs claim that 15 U.S.C. § 9009c(c)(1) required the SBA to award Restaurant Revitalization Fund grants in the order applications were received, and that the SBA instead paid them in the order it processed them. The court denies the government's motion to dismiss (ECF 7), holding that the claim is properly brought under the Tucker Act on a money-mandating statute and is not moot. It also holds that the $28.6 billion appropriation does not cap the government's liability for grants allegedly awarded contrary to the statute, so the claims may proceed to the merits.

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