Court of Federal Claims

Interior Prevails in Most Trust Breach Claims Brought by MHA Nation Oil and Gas Lessors

Matthew L.M. Fletcher

Here are the materials in Birdbear v. United States (Fed. Cl.):

147 Third Amended Complaint

177 Plaintiffs Motion for Summary J

180 Federal Cross-Motion

187 Plaintiffs Reply

191 Federal Reply

207 CFC Opinion

Federal Claims Court Dismisses Takings Claim Brought by Neighbor to Cherokee Casino

Matthew L.M. Fletcher

Here are the materials in Berry v. United States (Fed. Cl.):

7 Amended Complaint.pdfDownload
9 Motion to Dismiss.pdfDownload
9-2 Aerial Photo.pdfDownload
11 Response.pdfDownload
12 Reply.pdfDownload
18 DCT Order.pdfDownload

Alaska Federal Court Pushes ANC Takings Claim against US to Trial

Matthew L.M. Fletcher

Here are the materials in Cully Corp. v. United States (Fed. Cl.):

One wishes this case were about walruses. . . .
42 Second Amended Complaint.pdfDownload
80 Cully Corp Motion for Summary J.pdfDownload
83 US Motion for Summary J.pdfDownload
87 Cully Response.pdfDownload
88 US Response.pdfDownload
93 Cully Reply.pdfDownload
94 Reply.pdfDownload
122 CFC Order.pdfDownload

Court of Federal Claims Dismisses Bad Men Clause Suit over Sexual Abuse Perpetrated by Stanley Weber

Matthew L.M. Fletcher

Here are the materials in Red Cloud v. United States (Fed. Cl.):

1 Complaint

7 Motion to Dismiss

11 Response

15 Reply

21 Surreply

26-cfc-opinionDownload
Ratified Indian Treaty 369: Sioux and Arapaho-Fort Laramie, Dakota Territory RG 11 General Records of the U.S. Government

Federal Circuit Allows Osage Headright Owners’ Money Damages Claim for Breach of Trust to Proceed

Matthew L.M. Fletcher

Here is the opinion in Fletcher v. United States. An excerpt:

Plaintiffs William Fletcher, Tara Damron, Richard Longsinger, and Kathryn Redcorn, individual holders of Osage headrights, filed suit against the United States in the Court of Federal Claims (Claims Court) seeking damages resulting from breach of fiduciary duties relating to royalties from the Osage mineral estate. Fletcher v. United States, 151 Fed. Cl. 487 (2020) (Claims Court Decision). Because the Claims Court incorrectly concluded that the plaintiffs had no standing and had failed to identify a source of money-mandating obligation as required under the Tucker Act, we reverse the dismissal of the complaint. We also vacate the Claims Court’s decision on the availability of a damages accounting and the striking of declarations.

Briefs here.

Delegation composing the Council of the Osage Indian tribe of Oklahoma in Wash. to confer with Secy. Work and Commissioner of Indian Affairs Burke to take up the question of leasing oil lands in the Osage reservation

Court of Federal Claims Issues Order on Damages Formula in Western Shoshone Breach of Trust Case

Matthew L.M. Fletcher

Here are the new materials in Western Shoshone Identifiable Group v. United States (Ct. Cl.):

201 Tribe Post-Trial Brief.pdfDownload
207 US Post-Trial Brief.pdfDownload
208 Tribe Reply.pdfDownload
209 US Reply.pdfDownload
216 CFC Order.pdfDownload

Prior post here.