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.

Eighth Circuit Affirms Federal Duty to Provide “competent physician-led healthcare” to Rosebud Sioux Tribe Members

Here is the opinion in Rosebud Sioux Tribe v. United States.


US Opening Brief

Tribe Answer Brief


Lower court materials here.

Yakama Nation Trust Breach Suit [Timber] Survives Motion to Dismiss

Here is the order in Confederated Tribes and Bands of the Yakama Nation v. United States (Fed. Cl.):

31 CFC Order

Briefs here.

Update in Cherokee Nation Trust Breach Suit [Feds Must Comply with Full Discovery]

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

54-1 Motion to Dismiss Common Law Claims

55-1 Federal Motion for Protective Order

57 Cherokee Response to 55

60 Cherokee Response to 54

62 Reply in Support of 55

63 Reply in Support of 54

68 Magistrate Report Denying 54

68 Magistrate Report

70 DCt Order Accepting 68

73 DCT Order Denying 55

Prior materials here.

Federal Claims Court Holds Osage Headright Owners’ Trust Claims Foreclosed by Osage Trust Settlement

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

7 US Motion to Dismiss

10 Response

10-5 Jim Gray Declaration

10-7 Wilson Pipestem Declaration

15 US Motion to Strike

16 Reply in Support of 7

17 Response to 15

18 Reply in Support of 15

22 DCT Order

We posted the complaint here.

D.C. Federal Court Instructs Sho-Ban Tribe to Seek Idaho Federal Court Review of Claims the U.S. Violated a Trust Breach Settlement Agreement

Here are the materials in Shoshone-Bannock Tribes of the Fort Hall Reservation v. Bernhardt (D.D.C.):

84 Settlement Agreement

90 Tribe Motion to Clarify

95 Federal Opposition

98 Reply

103-1 Tribe Motion to Enforce Settlement Agreement

104 Federal Opposition

105 Reply

109 DCT Order

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

21 Amended Complaint

41 US Motion to Dismiss

59 DCT Order Issuing Stay

Yakama Nation Suit against US over Timber Trust Breach

Here are the materials so far in Yakama Indian Nation v. United States (Fed. Cl.):

ECF 1_Complaint


ECF 14_Response to MTD

17 US Reply

24 Tribe Surreply

25 US Response