Here are the materials in United States v. Osage Wind LLC (N.D. Okla.):
24 US Motion for Partial Summary J
26 Osage Wind Motion for Summary J
Complaint here.
The previous tribal suit against Osage Wind is here.
trust relationship
Quapaw Tribe Prevails in Series of Trust Breach Claims against US
Here are the materials in Quapaw Tribe v. United States (Fed. Cl.):
83 Quapaw Motion for Partial Summary J
An excerpt:
This case involves the claims of the Quapaw Indian Tribe of Oklahoma for breach of fiduciary duty and breach of trust obligations. On April 6, 2015, the Quapaw Tribe filed a motion for partial summary judgment on the following three grounds: (1) that the Government is liable for annual educational payments of $1,000 from 1932 to the present under the Treaty of 1833; (2) that the Government is liable for $31,680.80 in unauthorized disbursements from the Quapaw Tribe’s trust accounts, as found in the 1995 Tribal Trust Funds Reconciliation Project Report prepared by Arthur Andersen LLP; and (3) that the Government is liable for $70,330.71 in transactions that should have been credited to the Quapaw Tribe’s trust accounts but were not, as reported in the 2010 Quapaw Analysis.
Trust Breach Claims by Nine Tribes Survives Motion to Dismiss
Here are the materials in Sisseton Wahpeton Oyate v. Jewell (D.C. District Court):
Federal Court Dismisses Claim against Utah Police for Shooting Indian Man
Here are the materials in Jones v. United States (Fed. Cl.):
Goodeagle Plaintiffs May Sue for Pre-1994 IIM Trust Account Breach
Here are the materials in Goodeagle v. United States (Fed. Cl.):
Eighth Circuit Affirms Dismissal of Two Shields v. Wilkinson
Here is the opinion:
An excerpt:
Appellants Ramona Two Shields and Mary Louise Defender Wilson are Indians with interests in land allotted to them by the United States under the Dawes Act of 1887. Such land is held in trust by the government, but may be leased by allottees. Two Shields and Defender Wilson leased oil and gas mining rights on their allotments to appellee companies and affiliated individuals who won a sealed bid auction conducted by the Board of Indian Affairs (BIA) in 2007. Subsequent to the auction, appellants agreed to terms with the winning bidders, the BIA approved the leases, and appellees sold them for a large profit. Appellants later filed this putative class action in the District of North Dakota, claiming that the United States had breached its fiduciary duty by approving the leases for the oil and gas mining rights, and that the defendant bidders aided, abetted, and induced the United States to breach that duty. The district court concluded that the United States was a required party which could not be joined, but without which the action could not proceed in equity and good conscience, and dismissed the case. Appellants challenge that dismissal. For the reasons stated below, we affirm.
Briefs here.
Environmental group initiates FOIA lawsuit against NPS for new rule allowing Tribes to gather in National Parks
The materials are here, on PEER’s website. Among the arguments being made are that tribes are not entitled to “special rights” for gathering on NPS lands, absent an act of Congress.
Wyandot Nation v. United States Breach of Trust Complaint re: Huron Indian Cemetery
Here is the complaint in Wyandot Nation of Kansas v. United States (Fed. Cl.):
Webinar Announcement: “Modernizing and Reforming the United States’s Nation-to-Nation Trust Relations and Indian Trust Asset Management”
New Student Scholarship on Medicaid and Indian Tribes
Here is “Medicaid: Can Federal Responsibilities, State Authorities, and Tribal Sovereignty be Reconciled?,” published in the Wyoming Law Review.
An excerpt:
The decisions made by state governments related to Medicaid funding of American Indian and Alaska Native health care is not consistent with either the federal responsibility or the unique government-to-government relationship the Tribes have with the federal government. The United States Supreme Court’s recent decision allowing optional Medicaid expansion for states further emphasizes how state authority in Medicaid implementation decisions impacts federally funded care delivered to American Indians and Alaska Natives. American Indians and Alaska Natives are disproportionally impacted in states not expanding Medicaid.
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