Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 37

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            recoupment, and denied respondent's motion.  We reserved the                               
            issue of petitioner’s entitlement to equitable recoupment relief                           
            for further proceedings, and this case has been tried, submitted,                          
            and briefed for the Court's opinion on the issue of equitable                              
            recoupment.                                                                                
                  Subsequent to the filing of the amended petition, the                                
            parties presented no arguments on the issue of statutory                                   
            mitigation.  It only arose, in a preliminary skirmish that led                             
            nowhere, in Respondent’s Request for Admissions and Petitioner’s                           
            Answer to Respondent’s Request for Admissions.                                             
                                             Discussion                                                
                  The doctrine of sovereign immunity persists as a                                     
            jurisdictional limitation on suits against the United States,                              
            FDIC v. Meyer, 510 U.S. 471, ___, 114 S. Ct. 996, 1000 (1994);                             
            United States v. Dalm, 494 U.S. 596, 608 (1990); United States v.                          
            Forma, 42 F.3d 759, 763 (2d Cir. 1994), and jurisdictional                                 
            limitations based on sovereign immunity apply equally to                                   
            counterclaims against the Government, United States v. Forma,                              
            supra at 764.  Case law, however, has developed a significant                              
            limitation to the general bar of sovereign immunity against                                
            counterclaims:  Despite sovereign immunity, a defendant may,                               
            without statutory authority, recoup on a counterclaim that would                           
            otherwise be barred by the statute of limitations an amount not                            
            in excess of the principal claim.  Id. (citing United States v.                            
            United States Fidelity & Guaranty Co., 309 U.S. 506, 511 (1940)).                          




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