Menominee Indian Tribe v. United States Materials

Here are the briefs and other materials:

Merits Briefs

Menominee Tribe Brief

US Brief

Amicus Briefs

NCAI Amicus Brief

Cert Stage Materials

Menominee Indian Tribe Cert Petition

US cert response brief

Lower Court Materials

–D.C. Circuit 


Menominee Opening Brief 2013

IHS Brief

Menominee Reply Brief


DCT Order Dismissing Menominee Claims

IHS Motion to Dismiss

Menominee Motion for Summary J

–D.C. Circuit (2010)


Federal Court Denies Government’s Motion to Dismiss Tuba City Regional’s Contract Support Costs Claims against IHS

Here are the materials in Tuba City Regional Health Care Corp. v. United States (D.D.C.):

18-1 US Motion to Dismiss

19 Tuba City Opposition

20 US Reply

32 DCT Order Denying US Motion to Dismiss


Federal Circuit Reinstates Vendor’s Claims against BIA over Educational Services

Here is the opinion in Engage Learning, Inc. v. Salazar.

Here is an excerpt:

Engage Learning, Inc. (“Engage”) appeals from a decision of the Civilian Board of Contract Appeals (“the Board”) dismissing its appeal for lack of subject matter jurisdiction. The Board held that it did not have jurisdiction under the Contract Disputes Act of 1978 (“CDA”), 41 U.S.C. § 601 et seq., because Engage failed to establish that it had a contract with the government for the unpaid services. Engage Learning, Inc. v. Dep’t of the Interior, CBCA 1165 (June 15, 2010) (“Board Op.”). Because we conclude that the Board erred in dismissing the appeal on jurisdictional grounds, but could have dismissed in part for failure to state a claim upon which relief can be granted, we affirm in part, vacate in part, and remand.