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.

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.

Briefs:

US Opening Brief

Tribe Answer Brief

Reply

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.