Winnemucca Indian Colony v. United States Cert Petition

Here:

Questions presented:

(1) Is the United States’ promise to provide the Winnemucca Indian Colony, a federally recognized Tribe with lands held in trust established by an Executive Order and a separate legislative act, coupled with the government’s nearly exclusive statutory and regulatory control over the water on Indian lands, sufficient to entitle an Indian tribe to money damages when the United States breaches its fiduciary duty to protect the natural resources on those Indian lands?

(2) Did the Federal Court of Appeals, Federal Circuit, err when it affirmed dismissal of the Winnemucca Indian Colony’s third claim for relief – Breach of Trust – Water?

(3) Can the Winnemucca Indian Colony state a cognizable claim for breach of trust against the United States in relation to BIA failure to prevent trespass and theft of natural resources by third parties, under the Winters doctrine and 25 C.F.R. § 152.22?

Lower court materials here.

Ute Water Rights Trust Breach Suit Moves Forward

Here are the materials on remand in Ute Indian Tribe v. United States (Fed. Cl.):

65 Second Amended Complaint

72 Motion to Dismiss

73 Response

76 Reply

78 CFC Opinion

Prior post here.

Court of Federal Claims Issues Opinion in Last(?) of Inter-Tribal Council of Arizona v. United States Breach of Trust Claims

Here are the updated materials in Inter-Tribal Council of Arizona v. United States (Fed. Cl.):

Prior post here.

Case tag here.

Federal Circuit Affirms Dismissal of Winnemucca Indian Colony v. United States

Here are the materials:

Lower court materials here.

Federal Circuit Rejects Chemehuevi Trust Breach Claims over Parker Dam

Here is the opinion in Chemehuevi Indian Tribe v. United States.

Briefs:

Lower court materials here.

Federal Circuit Allows Some Aspects of Ute Water Rights Breach of Trust Claim to Proceed

Here are the materials in Ute Indian Tribe v. United States:

Lower court materials here.

Federal Circuit Rejects Takings Claim Arising from Cherokee Trust Land Acquisition

Here are the materials in Berry v. United States:

Unpublished Opinion

Opening Brief

Answer Brief

Lower Court Decision

Federal Circuit Affirms Dismissal of Pro Se Suit by Cherokee Freedmen Descendant for Damages Arising from Slavery

Here is the opinion in Jarvis v. United States.

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

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

Federal Circuit Rules against Government on Evidence Issue and Remands Ute Tribal Member Shooting Suit to Trial Court (again)

Here are the materials in Jones v. United States (Fed. Cir.):

20-2182.OPINION

Opening Brief

Answer Brief

Reply

Prior post here.