trust relationship – Page 15

[W]e conclude that because neither the Claims Court nor this court previously adjudicated Lummi’s breach of contract, breach of fiduciary duty, and breach of trust claims, the Claims Court erred by dismissing Lummi’s entire case.

Briefs:

Opening Brief

US Answer Brief

Prior posts here.

Opinion in Pueblo of Jemez v. United States

October 1, 2019Matthew L.M. Fletcher

Here is the opinion:

404 DCT Opinion

An excerpt:

THIS MATTER comes before the Court on the bench trial held on October 29-November 20, 2018; November 29-November 30, 2018; December 3, 2018; December 5, 2018; and December 13, 2018. The primary issue is whether Plaintiff Pueblo of Jemez has the exclusive right to use, occupy, and possess the lands of the Valles Caldera National Preserve (“Valles Caldera”) pursuant to its allegedly unextinguished and continuing aboriginal title to those lands. The Court concludes that Jemez Pueblo has not established aboriginal title to the Valles Caldera. Although the evidence proves that Jemez Pueblo has actually and continuously used and occupied the Valles Caldera for a long time, the evidence also shows that many Pueblos and Tribes also used the Valles Caldera in ways that defeat Jemez Pueblo’s aboriginal title claim.

Earlier posts here.

Fort McDermitt Prevails over IHS on Clinic in Oregon

September 30, 2019June 1, 2020Matthew L.M. Fletcher

Here are the materials in Fort McDermitt Paiute & Shoshone Tribe v. Azar (formerly Price) (D.D.C.):

Prior post here.

Vox: “6 Native leaders on what it would look like if the US kept its promises”

September 23, 2019September 23, 2019Matthew L.M. Fletcher

By Rory Taylor, here.

Swinomish Loses Contract Support Costs Dispute with Indian Health Service

September 10, 2019Matthew L.M. Fletcher

Here are the materials in Swinomish Indian Tribal Community v. Azar (D.D.C.):

An excerpt:

The question in this case is whether, when a tribe collects its own third-party revenue pursuant to 25 U.S.C. § 1641(d)(1), its expenditures of those funds on health care services are eligible for CSC funding from the IHS under the ISDEAA, id. §§ 5325, 5388.