Court of Federal Claims – Page 15

Jicarilla Apache Tribe sued the U.S. in 2002 in the Court of Federal Claims and later asked for inter-agency federal documents where the government claimed an attorney-client privilege. The court disagreed and ordered the production of certain documents. This order here denies the government’s motion for a stay while it petitions to the Federal Circuit for a mandamus order. Now apparently it wants more time to file a cert petition in the Supreme Court.

Order on Motion to Stay

And here is the Federal Circuit’s order.

Federal Court Rejects Second Attempt by Samish Indian Nation in Federal Recognition Trust Case

December 6, 2009Matthew L.M. Fletcher1 Comment

Here is the latest opinion in Samish Indian Nation v. United States (Fed. Cl.) — Samish Ct Cl Order

An excerpt:

It is readily apparent that the federal government’s failure to treat plaintiff as a recognized Indian tribe between 1969 and 1996 deprived plaintiff of many of the federal benefits enjoyed by other federally recognized Indian tribes during that time period. However, the relief plaintiff seeks is not available in the Court of Federal Claims. Indeed, if plaintiff is lagging behind some of its sister tribes as a result of the deprivation of federal benefits, its avenue for relief is with Congress.

Navajo DPS Employee Claims for Wages under 638 Contract Dismissed

November 19, 2009Matthew L.M. Fletcher1 Comment

Here is the opinion in Boye v. United States (Fed. Cl.) — Boye v United States

An excerpt:

In the above-captioned action, plaintiffs allege that they have not been paid the wages and benefits to which they are entitled pursuant to various self-determination contracts executed by their employer, the Navajo Nation, and the United States Department of the Interior (“Department of the Interior”). They bring their claim as purported third-party beneficiaries. Defendant has moved to dismiss the complaint for lack of jurisdiction and for failure to state a claim upon which relief could be granted pursuant to Rule 12 of the Rules of the United States Court of Federal Claims (“RCFC”). As explained in more detail below, the court grants defendant’s motion.

Federal Court Dismisses Long-Running Jamul Election and Land Disputes

October 16, 2009Matthew L.M. Fletcher

Here is the opinion in Rosales v. United States (Ct. Cl.) — Rosales DCT Order Dismissing Complaints

US Motion to Dismiss Rosales Complaints

Rosales Opposition

US Reply Brief

Yakama Indian Nation Rents Claims Survives Motion to Dismiss

October 16, 2009Matthew L.M. Fletcher1 Comment

Here is the court’s order denying the United States’ motion to dismiss claims by the Yakama Indian Nation under the Indian Long-Term Leasing Act and other statutes — Yakama v US DCT Order

An excerpt:

The following facts are established, for the purpose of ruling on defendant’s motion, by the record submitted to date. The claim over which the United States Court of Federal Claims’ subject matter jurisdiction is contested alleges the Government’s breach of trust and fiduciary duties in collecting rent owed by a lessee to plaintiff lessors, the Confederated Tribes and Bands of the Yakama Nation (the “Yakama Nation”) and eighteen individual landowners (together with the Yakama Nation “plaintiffs”). The lessee’s debt of unpaid principal arose from 1996 until 2000, during the second quarter of a twenty-year lease approved and administered by the United States Department of the Interior on plaintiffs’ behalf. Implicated by plaintiffs’ complaint are the activities of three entities within the Department of the Interior: the Superintendent of the Yakama Agency (the “Superintendent”) of the BIA; the Northwest Regional Director of the BIA (the “Regional Director”), who oversaw the Superintendent’s activities and received appeals of decisions by the BIA; and the Interior Board of Indian Appeals (the “IBIA”), which reviewed appeals of decisions of the Regional Director.