Usps

Tritz v. United States Postal Service

Good Law
721 F.3d 1133·2013 WL 3388487·119 Fair Empl. Prac. Cas. (BNA) 358·2013 U.S. App. LEXIS 13811
United States Court of Appeals for the Ninth CircuitJuly 9, 201310-56967California3,689 words

Opinion

Opinion

Thomas, J.

In this appeal, we consider whether the Tucker Act grants exclusive jurisdiction to the Court of Federal Claims to hear contract claims against the United States Postal Service (“Postal Service”) seeking more than $10,000 in damages. We conclude that the Tucker Act’s grant of jurisdiction to the Court of Federal Claims to hear such claims is concurrent with the independent grant of jurisdiction to the United States district courts under the Postal Reorganization Act (“PRA”), 39 U.S.C. §§ 401 and 409. We affirm the district court’s dismissal of the action on alternative grounds.

I

According to her complaint, Irene Tritz was an employee of the Postal Service for over thirty-three years. During that time, she filed several complaints for gender discrimination, age discrimination, disability discrimination, retaliation, and a hostile work environment. Following a bench trial in 1991, a district court judge held that the Postal Service had discriminated against Tritz on account of her sex. Before the court ruled on damages, Tritz and the Postal Service entered into a settlement agreement (“1991 Settlement Agreement”).

In 2005, Tritz brought a pro se complaint against the…

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