What is the government's claim of sovereign immunity for refusing to pay an interim fee?
The following excerpt is from Rosenfeld v. U.S., 859 F.2d 717 (9th Cir. 1988):
The government's second basis for claiming a violation of sovereign immunity is its contention that the district court lacked jurisdiction to order it to pay an interim fee award because 31 U.S.C. Sec. 1304(a), which provides for the payment of judgments against the United States out of the "judgment fund", permits payment only when a judgment is final under 28 U.S.C. Sec. 2414. Issues that implicate the government's sovereign immunity present jurisdictional questions. Wildman v. United States, 827 F.2d at 1309. We review
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The Judgment Fund statute, 31 U.S.C. Sec. 1304, provides in pertinent part:
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