This morning, the Supreme Court agreed to decide United States v. Tohono O’odham Nation (No. 09-846). The Court denied cert. in the Wolfchild/Zephier petitions. Here is the order list.
Here are the questions presented in Tohono O’odham (and the petition):
Under 28 U.S.C. 1500, the Court of Federal Claims (CFC) does not have jurisdiction over “any claim for or in respect to which the plaintiff *** has *** any suit or process against the United States” or its agents “pending in any other court.” The question presented is:
Whether 28 U.S.C. 1500 deprives the CFC of jurisdiction over a claim seeking monetary relief for the government’s alleged violation of fiduciary obligations if the plaintiff has another suit pending in federal district court based on substantially the same operative facts, especially when the plaintiff seeks monetary relief or other overlapping relief in the two suits.