Article III standing – Page 2

Federal Court Dismisses Sand Creek Massacre Trust Accounting Claims

September 8, 2014Matthew L.M. Fletcher1 Comment

Here is the order in Flute v. United States (D. Colo.):

An excerpt:

In the absence of an enforceable trust, 25 U.S.C. §§ 162a(d) and 4044 do not impose a legally required duty necessary to establish a waiver of sovereign immunity under the APA. See Norton, 542 U.S. at 63–64. Furthermore, plaintiffs’ claims do not concern “losses to or mismanagement of trust funds” and thus do not fall within the 2009 DOI Appropriations Act. See Pub.L. No. 111–88, 123 Stat. at 2922. Finding that the United States has not waived sovereign immunity for this suit, the Court concludes that it lacks jurisdiction over plaintiffs’ claims and must dismiss them without prejudice. See Brereton v. Bountiful City Corp., 434 F.3d 1213, 1216 (10th Cir.2006) ( “[W]here the district court dismisses an action for lack of jurisdiction … the dismissal must be without prejudice.”).

Briefs here. Other materials here.

Federal Cross-Motion for Summary Judgment in City of Duluth v. NIGC

August 14, 2014Matthew L.M. Fletcher1 Comment

Here:

26 US Cross Motion for Summary J

Also:

27-1 Fond du Lac Proposed Amicus Brief

The City’s motion is here.

Update in City of Duluth v. NIGC

July 10, 2014July 9, 2014Matthew L.M. Fletcher2 Comments

Here is Duluth’s motion for summary judgment:

25 Duluth Motion for Summary J

Prior materials here.

Federal Court Declines to Dismiss City of Duluth v. NIGC on Standing Grounds

December 19, 2013Matthew L.M. Fletcher3 Comments

Here is the opinion in City of Duluth v. National Indian Gaming Commission (D. D.C.):

DCT order Denying NIGC Motion to Dismiss

Briefs are here:

Federal Motion to Dismiss

Duluth Opposition

Federal Reply

Complaint here.

Briefing Complete in Federal Motion to Dismiss Sand Creek Claims

November 25, 2013Matthew L.M. Fletcher1 Comment

Here are the briefs in Flute v. United States (D. Colo.):

US Motion to Dismiss

Flute Opposition to Motion to Dismiss

US Reply

The complaint is here.

Sand Creek Descendants File Brief in Support of Historic Claims

October 28, 2013Matthew L.M. Fletcher

Here is the opposition to the government’s motion to dismiss in Flute v. United States (D. Colo.):

Flute Opposition to Motion to Dismiss

Prior posts are here and here.

Federal Government’s Motion to Dismiss Claims re: Sand Creek Massacre

September 30, 2013Matthew L.M. Fletcher1 Comment

Here:

US Motion to Dismiss

The complaint is here.

Federal Court Dismisses Challenge to Cheyenne River Sioux Equitable Compensation Act

September 10, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in LeBeau v. United States (D. S.D.):

1 Complaint

17 US Motion to Dismiss

20 Opposition

25 US Reply

32 DCT Order Dismissing Complaint

An excerpt:

Plaintiffs brought suit against the United States alleging claims for breach of trust obligations, breach of fiduciary duty, and accounting. The relief sought by plaintiffs is limited to declaratory and equitable relief. The United States moves to dismiss plaintiffs’ complaint in its entirety, arguing plaintiffs lack standing, among other things. Plaintiffs resist the motion. For the following reasons, the motion is granted, and plaintiffs’ claims are dismissed without prejudice.