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 Claims Court Rejects Ute Family’s “Bad Men” Claims on the Merits that Police Shot Relative, Police Had Destroyed the Evidence

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

150-1 US Motion for Summary Judgment

156 Response

157 Reply

158 DCT Order

Prior post here.

Federal Circuit Decides Inter-Tribal Council of Arizona Inc. v. United States [trust breach re: Phoenix Indian School]

Here is the opinion.

Briefs and lower court materials here.

Cert Petition by Western Ranchers and Farmers Challenging Reserved Water Rights [updated]

Here is the petition in Bales v. United States:


Question presented:

Whether, against the legal backdrop of Congress’s and this Court’s recognition of the primacy of state law to determine, quantify, and administer water rights, a federal court may deem federal agency regulatory action under the Endangered Species Act to constitute the adjudication and administration of water rights for tribal purposes.

Lower court materials here.


05142020-1 PacificCoastFedFishermen Opposition Brief

OpposBriefUSA-20200514173954985_19-1134 Baley

Update in Remanded “Bad Men” Case regarding Shooting of Indian Man

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

137 Motion for Sanctions

139 Response

142 Reply

145 DCT Order

Prior posts here.