Samish Indian Nation Cert Opposition Brief in Trust Breach Case

Here:

Samish Cert Opp

The cert petition is here.

Lower court materials here.

Federal Circuit Order IHS to Pay Contract Support Costs in Arctic Slope v. Sebelius (on Remand from SCT)

Here is the opinion.

Here is the Supreme Court’s GVR order.

Previous lower court order here.

Federal Circuit Affirms Dismissal of Claims by “Florida Choctaws”

Here is the opinion in Williams v. United States.

We’d have briefs but the Federal Circuit PACER doesn’t have them available.

Lower court materials here.

United States v. Samish Cert Petition

Here:

US v Samish Cert Petition

Samish–Pet App (final)

Questions presented:

1. Whether the Tucker Act, 28 U.S.C. 1491(a)(1), or Indian Tucker Act, 28 U.S.C. 1505, grants the Court of Federal Claims subject-matter jurisdiction over an Indian Tribe’s claim for money damages against the United States, based on the United States’ purported violation of sources of law that do not themselves mandate a damages remedy for their violation.

2. Whether the United States may be required to pay damages for failing to provide an Indian Tribe with a statutorily defined portion of a statutory fund, where Congress enacted limited appropriations for that fund and those appropriations were exhausted over a decade before the tribe filed its action for money damages.

Lower court materials are here.

Federal Circuit Decision Reopening Money Claims against US under “Bad Man” Clause of Treaty of Fort Laramie

Very interesting case to watch. Here are the materials:

CAFed Opinion

Richard Opening Brief

US Appellee Brief in Richard v US

Richard Reply

An excerpt:

The United States Court of Federal Claims (“Claims Court”) held that a drunk driver who killed two Sioux men on a Sioux reservation was not a “bad man” within the meaning of the 1868 Laramie Treaty, and that in any event, the relevant provisions of the Treaty are no longer enforceable by its beneficiaries. Considering our textual analysis, and because we held in Tsosie v. United States, 825 F.2d 393, 395 (Fed. Cir. 1987), the “bad men” provisions (“‘bad men’ provisions”) of the Fort Laramie Treaty of 1868 (“the Laramie Treaty”) are not limited to persons acting for or on behalf of the United States, and because the Claims Court’s textual analysis and its historical recitations are erroneous or incomplete, the Claims Court improperly dismissed Appellants’ Complaint for lack of jurisdiction. Accordingly, we vacate and remand for further proceedings.

Federal Government En Banc Petition in Samish Trust Case

Here.

Wyoming Public Radio Program on Wind River Tribes v. US: Audio and Transcript

Here.

Wyoming Public Radio on the Wind River Tribes’ Federal Circuit Victory

Here.

Federal Circuit Reinstates Wind River Shoshone Trust Claim re: Natural Resources Mismanagement

Here is today’s opinion. An excerpt:

The Shoshone Indian Tribe of the Wind River Reservation and the Arapaho Indian Tribe of the Wind River Reservation (collectively “the Tribes”) appeal the United States Court of Federal Claims’ dismissal of Claim II as time-barred by 28 U.S.C. § 2501 (2006), which bars all suits filed against the United States in the Court of Federal Claims unless filed within six years after the claim accrues. Because we conclude that the Tribes have alleged a continuing trespass, the Court of Federal Claims improperly determined that Claim II is time-barred in its entirety. Accordingly, as explained below, we vacate and remand for further proceedings.

We posted the briefs here.

Ed DuMont Asks Obama to Withdraw Federal Circuit Nomination

Sad. We remain fans.

Here.