tohono nation argued november decided april respondent tohono nation nation filed suit federal district federal officials managed tribal assets held trust federal government alleging violations fiduciary duty requesting equitable relief next day nation filed action federal claims cfc alleging almost identical violations requesting money damages cfc case dismissed bars cfc jurisdiction claim plaintiff another suit respect claim pending agents another federal circuit reversed finding two suits respect claim although shared operative facts seek overlapping relief held two suits respect claim precluding cfc jurisdiction based substantially operative facts regardless relief sought suit pp since congress restricted jurisdiction cfc predecessors related actions pending elsewhere keene held two suits respect claim based substantially operative facts least overlap relief requested reserved question whether jurisdictional bar operates suits based operative facts seek overlapping relief rule codified first enacted curb duplicate lawsuits residents confederacy seeking recover cotton taken federal government sued government claims time sued federal officials courts seeking tort relief actions section robust response problem bars cfc jurisdiction plaintiff sues identical claim elsewhere also action related identical phrase respect resolve doubt bar scope suggests broad prohibition regardless whether claim carries special limited meaning pp keene permits two constructions respect claim one based facts alone factual plus remedial overlap former reasonable interpretation light statute use similar phrase way consistent factual overlap cfc bar applies action person cause action arose respect thereto acting color federal law time cause action arose person act respect relief requested complaint yet filed although phrase issue involves claim rather cause action reason think phrases refer facts alone relief keene explained used synonymously action phrase uses cause action technical term embrace concept remedy reasonable conclude neither phrase pp reading also makes sense light cfc unique remedial powers cfc judicial forum nontort requests significant monetary relief general power provide equitable relief government officers statute aimed precluding duplicate cfc suits unlikely require remedial overlap remedial overlap even unusual rule first enacted federal circuit identify purpose statute served light precedent courts render statutes nugatory construction statute purpose clear origins need save government redundant litigation conclusion two suits respect claim share substantially operative facts allows statute achieve aim concentrating operative facts also consistent doctrine claim preclusion res judicata nation errs arguing interpretation unjustly forces plaintiffs choose partial remedies available different courts nation recovered losses cfc alone even hardship shown enjoy add exception remove apparent hardship keene supra pp substantial overlap operative facts nation district cfc suits precludes jurisdiction cfc actions allege holds assets trust nation benefit describe almost identical breaches fiduciary duty pp reversed remanded kennedy delivered opinion roberts scalia thomas alito joined sotomayor filed opinion concurring judgment breyer joined ginsburg filed dissenting opinion kagan took part consideration decision case petitioner tohono nation writ certiorari appeals federal circuit april justice kennedy delivered opinion tohono nation indian tribe federal recognition nation main reservation sonoran desert southern arizona counting reservation lands nation landholdings approximately million acres nation brought two actions based alleged violations fiduciary duty respect nation lands assets one action filed federal officials district federal claims cfc appeals federal circuit held cfc suit barred rule cfc lacks jurisdiction action respect claim also subject action pending another question presented whether common factual basis like one apparent nation suits suffices bar jurisdiction case turns relationship two suits nation filed first suit filed district district columbia federal officials responsible managing tribal assets held trust federal government complaint alleged various violations fiduciary duty respect assets nation claimed example officials failed provide accurate accounting trust property refrain use reasonable skill investing trust assets complaint requested equitable relief including accounting next day nation filed instant action cfc cfc complaint described trust assets fiduciary duties subject district complaint alleged almost identical violations fiduciary duty requested money damages cfc case dismissed want jurisdiction divided panel appeals federal circuit reversed two suits respect claim reasoned share operative facts also seek overlapping relief finding overlap relief requested held two suits issue respect claim granted certiorari ii since congress restricted jurisdiction cfc predecessors related actions pending elsewhere section identical respects original statute provides federal claims shall jurisdiction claim respect plaintiff assignee pending suit process person time cause action alleged suit process arose respect thereto acting professing act directly indirectly authority rule straightforward complex wording suggests cfc jurisdiction claim plaintiff another suit respect claim pending agents question resolved means two suits respect claim keene provided partial answer held two suits respect claim based substantially operative facts least overlap relief requested keene case decide whether jurisdictional bar also operates suits based operative facts seek overlapping relief still keene narrows permissible constructions respect claim one two interpretations either requires substantial factual remedial overlap requires substantial factual overlap without congress first enacted jurisdictional bar codified curb duplicate lawsuits brought residents confederacy following civil war cotton claimants named suits recover cotton taken federal government sued claims abandoned property collection act stat time suing federal officials courts seeking relief tort law alleged actions see keene supra schwartz section judicial code duplicate suits government agents geo although rule embodied originated long ago congress reenacted statute various times recently see act june stat keene text reflects robust response problem first presented cotton claimants bars jurisdiction cfc plaintiff sues identical claim elsewhere suit claim also plaintiff action related although identical suit respect claim phrase respect resolve doubt scope jurisdictional bar make clear congress intend statute rendered useless narrow concept identity suggests broad prohibition regardless whether claim carries special limited meaning cf jones claim little tucker act refers requests money two constructions respect claim keene permits one based facts alone factual plus remedial overlap former reasonable interpretation light statute use similar phrase way consistent factual overlap cfc bar applies even action government instead person time cause action alleged suit process arose respect thereto acting professing act directly indirectly authority statute refers person acts color federal law respect cause action time arose time person act respect relief requested complaint yet filed use phrase respect cause action must refer operative facts whatever remedies aggrieved party might later request person acts color federal law respect cause action claiming wielding federal authority relevant factual context although two phrases identical one respect claim cause action almost reason think phrases refer facts alone relief keene explained term used synonymously action either two phrases include operative facts specific remedy one uses term cause action rather claim cause action technical term claim often used commonsense way mean right demand reasons stated preceding paragraph respect cause action refers simply facts without regard judicial remedies phrase technical two terms embrace concept remedy reasonable conclude neither phrase even terms claim cause action include request relief phrase respect gives statutory bar broader scope reading statute require factual also remedial overlap makes sense light unique remedial powers cfc cfc judicial forum requests significant monetary relief see ed supp iii unlike district courts however cfc general power provide equitable relief government officers compare king see also alire wall judgments claims authorized render government judgments money found due government petitioner distinct jurisdiction cfc makes overlapping relief exception distinct relief norm reason statute aimed precluding suits cfc duplicate suits elsewhere unlikely require remedial overlap remedial overlap cfc actions courts even unusual rule first enacted time cfc limited jurisdiction tucker act general waiver sovereign immunity claims monetary relief yet enacted see stat district courts today adjudicate suits money damages little tucker act federal tort claims act sued claims mitchell sisk litigation federal government ed kinds suits forms relief available constrained remedial overlap cfc suits courts even less common statute require remedial well factual overlap limited application despite broad language bars identical also related claims rule effects significant jurisdictional limitation congress reenacted even changes structure courts made suits facts likely arise reaffirmed force bar thus commitment curtailing redundant litigation panel appeals identify purpose serves today large part bound circuit precedent left statute without meaningful force example panel cited tecon engineers cl held prohibit two identical suits proceeding long action cfc time claims filed first tecon holding presented case cfc action filed district suit still appeals wrong allow precedent suppress statute aims courts render statutes nugatory construction fact statute purpose clear origins cotton claimants need save government burdens redundant litigation purpose less significant today conclusion two suits respect claim based substantially operative facts allows statute achieve aim keene supra developing factual record responsible much cost litigation discovery conspicuous example preparation examination witnesses trial another form relief requested matters less except insofar affects facts parties must prove interpretation focused facts rather relief party seeks preserves provision meant function keeps provision becoming mere pleading rule circumvented carving single transaction overlapping pieces seeking different relief cf casman cl cfc jurisdiction notwithstanding common facts district suit plaintiff sought different relief forum concentrating operative facts also consistent doctrine claim preclusion res judicata bars repetitious suits involving cause action competent jurisdiction entered final judgment merits commissioner sunnen jurisdictional bar enacted part address problem judgments suits officers preclusive suits matson nav surprise statute operate similar fashion test preclusion law determining whether two suits involve claim cause action depends factual overlap barring claims arising transaction kremer chemical constr see also restatement second judgments transactional test course much younger rule embodied even century uncommon identify claim preclusion purposes based facts rather relief see wells res adjudicata stare decisis true distinction demands rights action single entire several distinct former immediately arise one act contract latter different acts contracts internal quotation marks omitted black law judgments test identity evidence support establish present former cause action reading depend underlying facts also relief requested gives effect principles preclusion law embodied statute merit nation assertion interpretation adopted prevail unjust forcing plaintiffs choose partial remedies available different courts hardship case far clear nation filed cfc alone successful obtained monetary relief compensate losses caused government breach duty also seems likely indian tribes nation position go district first without losing chance later file cfc congress provided every appropriations act department interior since statute limitations indian trust mismanagement claims shall run affected tribe given appropriate accounting see stat stat even hardship shown considerations policy divorced statute text purpose override meaning although congress permitted claims monetary relief cfc relief available grace right see beers arkansas permission altogether voluntary part sovereignty follows may prescribe terms conditions consents sued manner suit shall conducted indeed statute leads incomplete relief plaintiffs like nation dissatisfied free direct complaints congress enjoy add exception remove apparent hardship keene quoting corona coal keene reserved question whether common facts sufficient bar cfc action similar case pending elsewhere continue reserve question force cfc engage unnecessary complicated remedial inquiry increase expense duration litigation question thus demands answer answer yes two suits respect claim precluding jurisdiction cfc based substantially operative facts regardless relief sought suit iii remaining question whether nation two suits sufficient factual overlap trigger jurisdictional bar cfc dismissed action part concluded facts nation two suits practical purposes identical fed cl correct two actions allege holds assets trust nation benefit describe almost identical breaches fiduciary duty engaged imprudent investment failed provide accurate accounting assets held trust example indeed appears nation filed two identical complaints save caption prayer relief without changing either suit significant respect substantial overlap operative facts nation district cfc suits precludes jurisdiction cfc appeals erred concluded otherwise iv holding precludes cfc exercising jurisdiction nation suit district case pending nation choose dismiss latter action upon action completion nation free file suit cfc statute limitations bar meantime light substantial overlap operative facts two suits respect claim cfc case must dismissed contrary judgment appeals reversed case remanded proceedings consistent opinion ordered justice kagan took part consideration decision case petitioner tohono nation writ certiorari appeals federal circuit april justice sotomayor justice breyer joins concurring judgment congress enacted statute currently codified put end parallel litigation seeking duplicative relief agents respondent tohono nation seeks federal claims cfc relief facts pending district action accordingly applying decision keene agree bars nation cfc action nation two actions seek overlapping relief case present question decides today whether bars action cfc plaintiff actions share common factual basis seek different forms relief nonetheless holds common factual basis alone suffices bar jurisdiction cfc reading statute plaintiff pursue claim cfc based facts another pending action even congress required plaintiff file separate actions two courts obtain different forms relief necessary make plaintiff whole agree demands result section bars jurisdiction cfc claim respect plaintiff pending suit process agent keene construed statute turn whether plaintiff suit based substantially operative facts claims action least overlap relief requested irrelevant purposes observed two suits proceeded different legal theories plaintiff actions sought monetary relief albeit different theories held cfc lacked jurisdiction thus found unnecessary consider whether barred cfc claim based substantially operative facts another suit sought different relief see construed keene bars nation cfc action majority holds see ante nation cfc district actions based nearly identical facts two actions also seek overlapping relief complaints request money remedy injury government alleged breach fiduciary duty maintain accurate accounts nation assets nation dispute district complaint requests see brief respondent accounting reveals assets belong nation appear books may appropriate order equitable restitution assets nation cfc complaint fairly read cfc complaint alleges government failed keep render clear accurate accounts app pet cert claims reason alleged breaches fiduciary duty nation damaged amounts may proven trial complaint requests determination defendant liable nation damages injuries losses caused result defendant breaches fiduciary duty determination amount damages due nation thus like district complaint cfc complaint requests money remedy government alleged failure keep accurate nation two complaints based substantially operative facts least overlap relief requested keene bars jurisdiction nation cfc action ii case present question left open keene whether common facts alone sufficient bar cfc action similar case pending elsewhere ante indeed history case government even argue common facts sufficient preclude cfc jurisdiction petition rehearing appeals government argued keene required dismissal nation cfc action nation two actions based facts sought overlapping relief deciding case basis keene far prudent course recharacterizing case attempt reach premature decision important question missouri jenkins kennedy concurring part concurring judgment instead discarding restraint exhibited keene unnecessarily chooses hold bars jurisdiction cfc whenever plaintiff cfc action based substantially facts suit pending reading opinion incorrect since enactment congress expanded avenues persons legitimate claims may obtain relief see ante circumstances congress chosen require plaintiffs file actions two different courts obtain complete relief relating single set operative facts example exceptions cfc power issue equitable relief see bowen massachusetts see also result plaintiff seeking money damages injunctive relief remedy distinct harms arising set facts may forced file actions cfc federal district half century cfc recognized preclude jurisdiction congress required plaintiff split claim two actions obtain different forms relief necessary make plaintiff whole casman cl terminated federal employee sought backpay claims reinstatement position district plaintiff two suits arose facts termination sought entirely different forms relief within exclusive jurisdiction two light previous recognition purpose require election suit claims one brought another quoting matson nav claims held inapplicable plaintiff right elect two courts ct hold otherwise acknowledged say plaintiff want job back must forget back pay conversely want back pay job back ibid see also loveladies harbor ca fed en banc reaffirming casman inquiry form relief sought reserving question whether two actions based operative facts seeking completely different relief implicate decision keene expressly preserved casman holding consequence today decision clear casman rule longer good law majority reading casman two suits based common facts barred jurisdiction cfc backpay claim even though obtained backpay district action jurisdictional scheme governing actions often requires plaintiffs file two actions different courts obtain complete relief connection one set facts one example action seeking injunctive relief set aside agency action must proceed district claim agency action constitutes taking property requiring compensation must proceed cfc see alaska fed cl today decision may well prevent plaintiff pursuing takings claim cfc action set aside agency action pending district type plaintiff may face choice equally unattractive options forgo injunctive relief district preserve claim monetary relief cfc pursue injunctive relief hope statute limitations takings claim see expire district action text purpose history provide strong reason believe congress intend put plaintiffs choice two nonduplicative remedies congress made available exclusively two forums statute bars jurisdiction cfc claim respect plaintiff suit process pending elsewhere congress first enacted predecessor statute establishing jurisdiction claims used term claims refer demands money damages see act mar stat see jones noting statute provisions inconsistent enforcement claims law except claims money congress thus understood term claim describe particular relief sought claims cf commissioner keystone consol industries determining meaning claim part inquiry however question remains constitutes suit process respect cfc claim purpose history statute elucidate meaning ambiguous phrase majority explains congress enacted statute prevent duplicative lawsuits brought cotton claimants aftermath civil war keene see ante cotton claimants sought monetary compensation seized cotton claims pursuant abandoned property collection act stat difficulty satisfying statutory requirement obtain compensation must given aid comfort participants rebellion see act also sought relief either form money damages actual cotton separate lawsuits federal officials tort theories conversion duplicative lawsuits induced congress enact predecessor keene historical backdrop sheds light congress understood suit process respect claim claims congress undoubtedly intended preclude claim money claims plaintiff pursuing suit money district however cotton claimants sought return cotton district also necessary preclude jurisdiction claims plaintiff action respect demand money plaintiff seeking duplicative relief courts awarded plaintiffs cotton money damages plaintiffs obtained twice deserved way congress eschewed narrow concept identity permitted plaintiffs pursue obtain duplicative relief remedy harm legislative history confirms congress intent preclude requests duplicative relief statute sponsor explained purpose statute put election large class persons cotton claims time endeavoring prosecute claims filed claims put government expense beating law turn around try whole question claims cong globe statement edmunds see also matson nav congress thus appears mind cases whole question tried claims statute history suggest congress intended require election two nonduplicative forms relief available exclusively two different courts case whole question tried either none majority reasons contrary construction statute convincing first majority reasons phrase claim respect must refer factual overlap statute uses phrase cause action respect thereto majority paraphrases respect cause action way consistent factual overlap ante point rests misreading statutory text statute asks whether plaintiff pending suit process respect plaintiff cfc claim whether pending cause action respect even term cause action refers operative facts inquiry whether person acting color federal law respect cause action purely factual nature suit process inevitably include request relief second majority light unique remedial powers cfc requiring remedial overlap make sense result limited application statute ante majority overlooks nearly history statute cotton claimants parallel requests duplicative relief prompted passage first place since litigants continued seek duplicative relief government two courts keene case illustrate see seeking tort damages district compensation takings theory cfc supra seeking restitution disgorgement district money damages cfc see also ex parte skinner eddy seeking money damages claims federal entity state corona coal seeking money damages claims federal agent district british american tobacco cl per curiam seeking tort damages district contract damages claims cases make clear interpreting prohibit requests duplicative relief hardly renders statute limited application third majority suggests construction necessary achieve statute aim sav ing government burdens redundant litigation ante parallel actions seeking duplicative relief different forms relief available entirely one redundant actions seeking different forms relief congress made available exclusively different courts extent majority concerned burdens parallel discovery federal courts ample tools disposal stays prevent burdens see schwartz section judicial code duplicate suits government agents geo finally majority contends focusing operative facts consistent principles claim preclusion embodied statute claim preclusion ordinarily bar claims arising transaction kremer chemical constr however exception rule plaintiff unable obtain certain remedy earlier action see restatement second judgments claim preclusion apply plaintiff unable rely certain theory case seek certain remedy form relief first action limitations subject matter jurisdiction courts see also marrese american academy orthopaedic surgeons wright miller cooper federal practice procedure ed principle long informed claim preclusion law see restatement judgments comment plaintiff brings action state courts jurisdiction reference one portion cause action barred maintaining action proper portion black law judgments judgment conclusive matter nature case form action character pleadings adjudicated former suit reasons preclusion doctrine actually undermines majority position sum majority offers coherent justification conclusion congress intended preclude jurisdiction cfc whenever plaintiff claim based substantially facts suit pending elsewhere without reference relief sought even today decision described anachronistic keene harsh stevens dissenting arbitrar fed cl judges commentators long called congressional attention statute see keene stevens dissenting schwartz supra today decision unnecessarily considers repudiates casman rule renders attention pressing construction plaintiffs congress forced file parallel actions cfc district obtain complete relief must choose either forgo relief district file first district risk expiration statute limitations claims cfc agree congress intended intends produce result reasons respectfully concur judgment petitioner tohono nation writ certiorari appeals federal circuit april justice ginsburg dissenting dissent immoderate reading affirm federal circuit judgment according federal claims cfc lacks jurisdiction tohono nation nation claim tribe simultaneously pursuing district action common factual basis ante matters holds gain complete relief nation launch two suits neither two courts whose jurisdiction tribe invoked alone provide full redress see ante concludes claim cause action terms considers synonymous used see ante refers operative facts remedies plaintiff seeks see ante section speaks time cause action arose time antedating commencement suit infers therefore claim cause action discrete pleading request relief see ante fact however entitlement relief essential existence claim cause action arises person suffers harm capable judicial redress see story equity jurisprudence ed cause action arises party right apply plaintiff may instructs petition cfc district invoking distinct legal theory appropriate forum seeking redress single injury congress bars plaintiff obtaining complete relief one suit however call election remedies congress sensibly read comprehended operative facts give rise two discrete claims casman cl justice sotomayor spells see ante paradigm case discharged federal employee complaining wrongful termination sought reinstatement action backpay claims section stand way claims held casman plaintiff suffered two distinct injuries seeks discrete forms relief within exclusive competence different courts see ct claim backpay entirely different claim reinstatement federal circuit view rightly adhered casman loveladies harbor en banc rightly case agree much justice sotomayor opinion concurring judgment agree conclusion bars nation cfc action justice sotomayor joins judgment although reasoning tohono nation seeks cfc relief facts pending district action ante emphasis added extent nation two actions seek overlapping relief disposition less harsh order ordinarily plaintiff allegations demands relief excessive complaint instantly dismissed account instead may seek leave trim pleading permission freely give justice requires rule cfc cf rule cfc judgment default need conform demand relief grant relief party entitled justice sotomayor nation recognize avoid duplication running statute limitations cfc suit stayed companion district action proceeds see ante brief respondent common practice prior action pending see pennsylvania instructing claims stay pending proceedings enable litigant obtain district review relevant agency order creppel ca fed federal claims may stay takings action pending completion related action district positioned direct cfc disregard requests relief simultaneously sought action least recognize amended cfc complaint save case see impediment either course law rule footnotes majority characterizes nation district complaint seeking equitable relief ante mention complaint seeks among things equitable monetary relief disgorgement restitution see app pet cert reaching opposite conclusion appeals relied fact nation district complaint seeks equitable relief whereas cfc complaint seeks damages see ca fed keene makes clear however actions based substantially operative facts implicate long seek overlapping relief see keene formal label affixed form relief sought irrelevant case nation cfc complaint district complaint seek money remedy government alleged failure keep accurate accounts majority contend facts case require decide question justifies decision reach question ground rule eliminate unnecessary complicated remedial inquiry decrease expense duration litigation ante provides reason believe however inquiry relief requested unduly complicated vast majority cases cf loveladies harbor ca fed en banc principles casman cl difficult comprehend apply importantly majority explain benefits perceives result deciding question today outweigh potential reading statute leave plaintiffs incomplete recompense injuries see infra page congress since enacted legislation permit plaintiffs casman situation obtain complete relief cfc see act stat permitting cfc issue orders directing restoration office position placement appropriate duty retirement status correction applicable records majority apparently doubts holding puts nation similarly difficult choice first suggests nation file solely cfc obtain damages government alleged breaches fiduciary duty see ante nation indeed choose file cfc plaintiff choose forgo injunctive relief pursue money damages cfc nation believes entitled monetary relief nation district action seeks equitable accounting remedy breaches fiduciary duty cfc held lacks jurisdiction issue preliability accounting see klamath modoc tribes cl see eastern shawnee tribe ca fed suggesting dicta cfc order equitable accounting ancillary relief cert pending majority next suggests congress tolled statute limitations governing nation cfc claims see ante cited statute applies claims concerning losses mismanagement trust funds stat appear toll statute limitations claims concerning assets funds tangible assets see app pet cert seeking damages government mismanagement nation mineral estates expiration statute limitations governing claims cfc real prospect cases nation district action pending four years majority notes see ante validity claims holding tecon engineers cl presented case never considered holding accordingly consider whether nation avoided application altogether filing cfc action first congress consistently used term claim refer demand money context cfc see conferring jurisdiction cfc claim founded either upon constitution act congress regulation executive department upon express implied contract liquidated unliquidated damages cases sounding tort emphasis added course since enactment congress authorized cfc issue relief money damages certain cases see jurisdictional bar applies suit pending good argument even first enacted statute actually perform preclusion function emphasized sponsor keene section refers cause action alleged suit process limited purpose determining whether suit process agent plaintiff action term cause action relevance inquiry footnotes action simultaneously technical term ante technical means precise clear certain incorrect see memphis cotton oil action may mean one thing one purpose something different discourse term fallen old error drafters federal rules endeavored eliminate unfortunate rigidity confusion surrounding words action wright miller federal practice procedure ed today invocation supposed particular exact meaning phrase risks reviving confusion