Wilson v. Squirrel

In Wilson v. Squirrel, No. Civ. A. 00-3819, 2001 U.S. Dist. (E.D. Pa., Jan. 29, 2001), the V.A. moved to dismiss an action brought against it alleging that the V.A. committed fraud by failing to disclose that the home purchased by Wilson was built on an illegal landfill. Wilson asserted that the court had jurisdiction because the United States had waived sovereign immunity in 38 U.S.C. 3720(a)(1), which provides that the V.A. may "sue and be sued" in any court of competent jurisdiction. The court agreed that 38 U.S.C. 3720(a)(1) is a waiver of sovereign immunity provision for matters arising out of Chapter 37 of the Veterans' Benefits section of the United States Code. However, the court held that because the V.A. had not financed the home through a home loan, the waiver of sovereign immunity did not apply.