Here is the order in Goodeagle v. United States (Fed. Cl.):
Court of Federal Claims
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.
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.
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.):
Mesa Grande Band Land Claim against US Survives Motion to Dismiss
Here are the materials in Mesa Grande Band of Mission Indians v. United States (Fed. Cl.):
An excerpt:
This case concerns property located in the mountains of northeastern San Diego County, California, and turns on events dating back to 1875. The property at issue is an 80-acre tract (the “1926 Tract”) that has had a small spring providing a source of water in an arid area. See Pl.’s Mem. in Opp’n to the United States’ Mot. to Dismiss for Lack of Jurisdiction (“Pl.’s Opp’n”) at 1, ECF No. 10. Tracing title back to a congressional enactment in 1926, the Act of May 10, 1926, Pub. L. No. 69-209, 44 Stat. 496 (1926) (“1926 Act”), plaintiff, the Mesa Grande Band of Mission Indians (“Mesa Grande Band”), claims entitlement to ownership of the subject property. On July 30, 1980, however, a patent for the 1926 Tract was issued by the Department of the Interior to the United States in trust for the Santa Ysabel Band of Mission Indians (“Santa Ysabel Band”), a neighboring band. The Mesa Grande Band did not contemporaneously receive notice of the patent’s issuance.
Quapaw Partially Prevails in Dispute over Undistributed Indian Claims Commission Judgment Funds
Here are the materials in Quapaw Tribe of Oklahoma v. United States (Fed. Cl.):
59 US Motion for Partial Summary J
An excerpt:
In deciding the cross-motions for partial summary judgment on this issue, the Court considered at least two factors. Foremost, the Court notes that fact discovery was still ongoing in this case when the motions were filed. As of March 31, 2015, the Government anticipated producing over 452,000 document images to Plaintiff before the close of fact discovery on April 16,2015. Gov.’s Status Report, Dkt. No. 81, at 5. The Court declines to draw evidentiary conclusions when material facts are in dispute and ongoing discovery may yet shed more light on the issues. Second, the Court must consider the parties’ respective burdens. To prevail at the summary judgment stage, Plaintiff must sufficiently allege a breach of trust by the Government through affirmative evidence of nonpayment so that the finder of fact could not reasonably rule in favor of the Government. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249–50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The Court finds that the Government’s evidence of accounting records and meeting minutes sufficiently rebuts Plaintiff’s argument so as to create a continuing and genuine dispute. On the other hand, the Government has not convinced the Court that records of emptied Treasury accounts and presumptions of regularity are sufficient to decide this issue. Plaintiff’s evidence of meeting minutes and the conclusions of the Quapaw Analysis satisfy the Court, again, that the issue is in genuine dispute. Therefore, the Court denies both motions for partial summary judgment on the question of whether the Tribe is entitled to recover some or all of the trust funds.
We posted earlier on this matter here.
Federal Circuit Rejects Shinnecock Nation’s Judicial Takings Claims re: Dismissal of Land Claims under Sherrill
Here is the opinion in Shinnecock Indian Nation v. United States.
An excerpt:
Accordingly, we affirm the United States Court of Federal Claims’ determination that the Nation’s breach of trust claims are not yet ripe for review, vacate its ruling that it lacked jurisdiction over those claims, and remand the case with instructions to dismiss the breach of trust claims without prejudice.
More:
A similar analysis applies here. The Nation alleges that in applying the doctrine of laches to bar its land claim, the district court improperly “took away the Nation’s legal right to sue for compensation for its stolen land.” The Court of Federal Claims, however, is without authority to adjudicate the Nation’s claim that it suffered a compensable taking at the hands of the district court. See Allustiarte, 256 F.3d at 1352; Joshua, 17 F.3d at 380. The court has no jurisdiction to review the decisions “of district courts and cannot entertain a taking[s] claim that requires the court to scrutinize the actions of another tribunal.” Innovair, 632 F.3d at 1344 (alteration in original) (citations and internal quotation marks omitted). As the government correctly notes, “[d]eciding whether the district court’s judgment resulted in an unconstitutional taking of the Nation’s property would require the Court of Federal Claims to review the judgment and pass on its correctness.” Just as the plaintiffs’ takings claim in Allustiarte was an improper collateral attack on the judgment of the bankruptcy courts, the Nation’s proposed judicial takings claim is an attempt to mount an improper collateral attack on the judgment of the district court.
Inter-Tribal Council of Arizona Sues United States for Breach of Trust
Here is the complaint in Inter-Tribal Council Of Arizona Inc. v. United States (Fed. Cl.):
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