Turtle Talk

Here is the decision in T.O.N. v. United States: ton-v-us

An excerpt:

This case concerns the application of 28 U.S.C. § 1500, the statute that divests the United States Court of Federal Claims of jurisdiction over “any claim for or in respect to which the plaintiff or his assignee has pending in any other court any suit or process against the United States.” Applying § 1500, the Court of Federal Claims dismissed an action brought by the Tohono O’odham Nation (the “Nation”) alleging that the United States breached certain fiduciary duties as trustee of funds and property owned by the Nation. Tohono O’odham Nation v. United States, 79 Fed. Cl. 645, 646 (2007). Because we conclude that the Nation’s complaint in the Court of Federal Claims seeks relief that is different from the relief sought in its earlier-filed district court action, we reverse.

Here are the briefs:

brief-of-plaintiff-appellant-tohono-o_odham-nation-filed-5_5_08

answering-brief-of-the-united-states-7-30-08

to-reply-brief