federal trust breach – Page 4

The Wyandot Nation of Kansas (“Wyandot Nation”) is a Native American tribe allegedly tracing its ancestry to the Historic Wyandot Nation. It claims to be a federally recognized Indian tribe and a successor-in-interest to all of the treaties between the Historic Wyandot Nation and the United States. On June 1, 2015, Wyandot Nation filed a complaint in the United States Court of Federal Claims alleging that the United States had breached its trust and fiduciary obligations with respect to two trusts that resulted from prior treaties, including one related to amounts payable under a treaty signed in 1867 and one related to the Huron Cemetery. The Court of Federal Claims dismissed without prejudice for lack of jurisdiction and standing. Wyandot Nation appeals. We affirm.

Briefs here.

Ninth Circuit Rejects Mishewal Wappo Trust Breach Claim

April 26, 2017April 25, 2017Matthew L.M. Fletcher

Here are the materials in Mishewal Wappo Tribe of Alexander Valley v. Zinke:

Briefs:

Other posts with lower court materials here.

Cert Petition in Trust Accounting Claim for Sand Creek Descendants

June 27, 2016Sarah M Donnelly1 Comment

Download petition for a Writ of Certiorari here.

Questions presented:

Whether a treaty promise to pay reparations to a group of Native Americans in the form and amount that is “best adapted to the respected wants and conditions of” said group of Native Americans, and subsequent appropriation of funds by Congress to pay such reparations, create a fiduciary relationship between the United States and said group of Native Americans.

Whether the Administrative Procedures Act waives the United States’ immunity from suit for accounting claims regarding trust mismanagement that begun before the enactment of the Act.

Whether a set of Appropriations Acts by Congress that defer the accrual of trust mismanagement claims against the United States operates as a waiver of the United States’ immunity from suit.

Previous posts in re Flute v. U.S. here.

Federal Circuit Decides Two Shields v. United States

April 27, 2016Matthew L.M. Fletcher2 Comments

Here is the opinion.

An excerpt:

Appellants Ramona Two Shields and Mary Louise Defender Wilson brought this action against the United States, seeking redress for themselves and other Native Americans in connection with the government’s alleged mismanagement of oil-and-gas leases on Indian allotment land. The United States Court of Federal Claims found in favor of the government, granting summary judgment on Count I and dismissing Counts II and III. J.A. 1–30. We affirm.

Briefs and other materials here.