Federal Claims Court Finds No Compensable Trust Breach in MHA Nation Members’ Royalties Dispute

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

365 US Post Trial Brief

366 Plaintiffs Post Trial Brief

376 DCT Order

Prior post here.

Federal Claims Court Dismisses Osage Headrights Trust Breach Suit

Here are new materials in Fletcher v. United States (Fed. Cl.):

30 Motion to Dismiss

33 Response

36 Reply

55 Order

Utah Federal Court Rejects Ute Tribe Demand to Restore Federal Land to Tribal Ownership

Here are the materials in Ute Indian Tribe v. United States (D.D.C.):

35 US Motion to Dismiss Counts 1-3, 5

46 Opposition

48 Reply

76 DCT Order

102 Ute Motion for Summary J on Remaining Counts

103-1 US Cross-Motion

105 State Joinder of 103

109 Ute Reply

110 US Reply

111 State Reply

117 DCt Order

Complaint 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.

Update in Shoshone-Bannock Tribes Land Claim against United States and City of Pocatello

Here are the materials in Shoshone-Bannock Tribes of the Fort Hall Reservation v. United States (D. Idaho):

77-1 US Motion to Dismiss

91 Tribe Response

94 US Reply

102 DCt Order

108-1 US Motion to Reconsider

110 Tribe Response

111 US Reply

112 DCt Order

114-1 Tribe Motion to Reconsider

121 US Response

122 Pocatello Response

123 Tribe Reply re 121

124 Tribe Reply re 122

126 DCt Order

Prior post here.

Interior Prevails in Most Trust Breach Claims Brought by MHA Nation Oil and Gas Lessors

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

147 Third Amended Complaint

177 Plaintiffs Motion for Summary J

180 Federal Cross-Motion

187 Plaintiffs Reply

191 Federal Reply

207 CFC Opinion

Cherokee Trust Breach Suit Update

Here are the materials so far in Cherokee Nation v. Dept. of the Interior (D.D.C.):

1 Complaint

34-1 Motion to Dismiss

39 Opposition

41 Reply

42 DCT Order Denying Motion to Dismiss

54-1 Federal Motion to Dismiss

55-1 Federal Motion for Protective Order

60 Cherokee Opposition to Motion to Dismiss

85 DCT Order Re Protective Order

88-1 Cherokee Motion for Summary J

96-1 Federal Cross-Motion

97 Federal Cross-Motion

98 Cherokee Motion for Summary J

99 Cherokee Reply in Support of MSJ

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

Court of Federal Claims Issues Order on Damages Formula in Western Shoshone Breach of Trust Case

Here are the new materials in Western Shoshone Identifiable Group v. United States (Ct. Cl.):

Prior post here.

Federal Circuit Briefs in Fletcher v. United States [Osage Headrights Trust Claims]

Here:

Opening Brief

Answer Brief

Reply

Lower court materials here.