Collapse to view only § 4245. Counterclaims
- § 4241. Authority to enter into contracts for private counsel
- § 4242. Contract decisions nonreviewable
- § 4243. Representation
- § 4244. Contract provisions
- § 4245. Counterclaims
- § 4246. Awards of costs and fees to prevailing plaintiff
- § 4247. Promulgation of regulations
Notwithstanding any other law, no court shall have jurisdiction over any claim based on the Attorney General’s decision to refuse to enter into a contract for legal services referred to in section 4241 of this title.
Notwithstanding sections 516, 518(b), 519, and 547(2) of title 28, private counsel retained under section 4241 of this title may represent the United States in litigation in connection with legal services furnished pursuant to the contract entered into with that counsel, subject to the requirements specified in section 4244 of this title.
Any counterclaim filed in any action brought on behalf of the United States by private counsel retained under section 4241 of this title may not be asserted unless the counterclaim has been served directly on the Attorney General and the United States Attorney for the judicial district in which, or embracing the place in which, the action is pending. Such service shall be made in accordance with the rules of procedure of the court in which the action on behalf of the United States is pending.
When the United States, through private counsel retained under this subchapter, prevails in any civil action, the court, in its discretion, may allow the United States reasonable attorney’s fees and other expenses of litigation as part of the costs.
The Attorney General may promulgate any rules, regulations, or guidelines that, in the Attorney General’s judgment, are necessary and appropriate to the effective administration of this subchapter.