On January 28th, the Federal Circuit, sitting en banc, held that the Court of Federal Claims has jurisdiction over a breach of contract case brought derivatively by a failed bank's shareholders against the FDIC. Tucker Act jurisdiction does not depend on and is not limited by whether the government entity receives or draws upon appropriated funds. Here, the FDIC breached its contract with the bank by requiring more capital and seizing the bank when it failed to raise the capital. The panel opinion affirming in part and reversing in part the Court of Federal Claims' damages award is reinstated as is the panel opinion's reversal of the trial court's holding that it lacked jurisdiction over intervening shareholders' claims against the FDIC over the non-distribution of the liquidation surplus. Slattery v. U.S.