Here are the briefs in O’Bryan v. United States:
Lower court materials are here.
Federal Circuit
Federal Circuit Dismisses Navajo Takings Claim as Time-Barred
Here is the opinion in Navajo Nation v. United States.
An excerpt:
The Navajo Nation appeals a judgment of the United States Court of Federal Claims denying its claim seeking damages for an alleged Fifth Amendment taking of its right to develop land granted to it by the United States in 1934. See Navajo Nation v. United States, No. 88-CV-508 (Fed. Cl. July 13, 2009). Because we conclude that the claim is barred by the six-year statute of limitations set out in 28 U.S.C. § 2501, we vacate the judgment of the Court of Federal Claims and remand with instructions to dismiss for lack of jurisdiction.
And the materials:
US Appellee Brief in Navajo v US
Our earlier post on this was here.
Federal Circuit Rejects Arctic Slope Contract Claims
Here is the opinion in Arctic Slope Native Association v. Sebelius (Fed. Cir.).
An excerpt:
Arctic Slope Native Association (“ASNA”) filed suit against the Secretary of Health and Human Services (“Secretary”) for breach of contract, alleging that the government failed to pay ASNA’s so-called contract support costs shortfall for fiscal years 1999 and 2000. The Secretary argued that the obligation to pay, under the contract and the statute, was subject to the availability of appropriations and that there were no available appropriations because Congress had provided that the appropriations available for the funding of contract support costs were “not to exceed” specified amounts. The Civilian Board of Contract Appeals (“the Board”) granted summary judgment for the Secretary. Arctic Slope Native Ass’n, Ltd. v. Dep’t of Health & Human Servs., CBCA 294-ISDA, et al., 09-2 BCA ¶ 34,281 (C.B.C.A. Oct. 1, 2009). We affirm.
Update on Federal Circuit Nominees and Possible Vacancies
From law.com (via How Appealing):
President Barack Obama’s recent nomination of Jimmie Reyna for one of three vacancies on the U.S. Court of Appeals for the Federal Circuit covers all open slots and adds a candidate with deep international trade expertise. But court watchers expect that at least two of the confirmations to the 12-judge court, including Reyna’s, will stretch into next year.
On Sept. 29, Obama nominated Reyna, who directs the international trade and customs practice group and the Latin America task force in the Washington office of Williams Mullen. Reyna also served as the Hispanic National Bar Association’s president for its 2006-2007 term.
The other nominees include a federal judge and an appellate specialist. In March, Obama nominated Judge Kathleen O’Malley of the Northern District of Ohio.
In April, he nominated Edward DuMont, a partner in the Washington office of Wilmer Cutler Pickering Hale and Dorr.
Reached at his Washington office, Reyna said he’s “honored at having been nominated” and “I look forward to the confirmation process.” According to a statement from Williams Mullen’s president and chief executive officer, Thomas Frantz, the firm is proud that Obama recognized Reyna’s record of service by nominating him to the Federal Circuit. “A natural leader with legal acumen and grace, Jimmie has served the firm and its clients with distinction for twelve years,” Frantz stated.
More Documents on In re United States
Original opinion here.
Court of Federal Claims opinion in Jicarilla Apache Nation v. United States, denying the U.S.’s motion to stay here.
United States petition for rehearing here.
Navajo Nation and Pueblo of Laguna Amicus opposing rehearing here.
United States petition to extend filing deadline for a writ of certiorari here.
Briefing in Navajo Law Enforcement Employee Claim for Higher Wages under 638 Contract
The case is Boye v. United States and is pending in the Federal Circuit:
The lower court decision is here.
Government Opposition to Hoopa En Banc Petition in Hoopa-Yurok Settlement Act Dispute
Here: US Opposition to En Banc Petition.
Earlier materials are here.
Hoopa Valley Tribe Petition for En Banc Review in Hoopa-Yurok Settlement Act Case
Here: Hoopa En Banc Petition
Earlier materials are here.
More News Coverage of Ed DuMont’s Nomination to the Federal Circuit
I like him more every day.
From How Appealing:
“Breaking Barriers: Edward DuMont, praised by colleagues as ‘brilliant,’ would be the first openly gay federal appellate judge in the country.” Chris Geidner has this article online at the web site of Metro Weekly, Washington, DC’s gay & lesbian news magazine.
Nominee to Federal Circuit (Ed DuMont) Has Significant Indian Law Experience
Ed DuMont‘s nomination to the Federal Circuit (more news articles from How Appealing) is very interesting, given that as former attorney for the Office of the Solicitor General, he argued two Indian law cases (one opposed and one in favor, winning both). The two cases are Kiowa Tribe (1998, as amicus favoring the tribe) and Chickasaw Nation (2001).
Mr. DuMont also worked on the following cases: MichGO v. Kempthorne (D.C. Cir. 2008, on behalf of the Gun Lake Band); San Manuel Indian Bingo and Casino (D.C. Cir. 2007, on the NCAI amicus brief); and City of Roseville v. Norton (D.C. Cir. 2003, on behalf of the United Auburn Band).
This might actually be good news for Indian Country. As always, hard to predict, but the more the judges know, the better.
Turtle Talk 
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