Indian Tucker Act – Turtle Talk

Ute Water Rights Trust Breach Suit Moves Forward

January 5, 2026Matthew L.M. Fletcher

Here are the materials on remand in Ute Indian Tribe v. United States (Fed. Cl.):

65 Second Amended Complaint

72 Motion to Dismiss

Prior post here.

Federal Circuit Allows Some Aspects of Ute Water Rights Breach of Trust Claim to Proceed

April 26, 2024Matthew L.M. Fletcher

Here are the materials in Ute Indian Tribe v. United States:

Opinion.pdf Download

Opening Brief.pdf Download

Answer Brief.pdf Download

Reply.pdf Download

Lower court materials here.

Federal Claims Court Dismisses 2 of 3 Counts against US in Ute Trust Breach Suit

November 5, 2019Matthew L.M. Fletcher

Here are the materials in (Fed. Cl.):

15 US Motion to Dismiss

Related suit here.

Federal Circuit Reinstates Tucker Act Claim re: Keepseagle Settlement

August 17, 2018Matthew L.M. Fletcher

Here is the opinion in LaBatte v . United States.

Briefs:

Lower court materials here. D.C. Circuit proceedings here.

Tucker Act Breach Claim against US over Keepseagle Settlement Dismissed

July 31, 2017July 31, 2017Matthew L.M. Fletcher

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

9 US Motion to Dismiss

D.C. Circuit Rules against Navajo Trust Breach Claims in Uranium Mining Contamination Case

April 7, 2014April 5, 2014Matthew L.M. Fletcher1 Comment

Here is the opinion in El Paso Natural Gas Co. v. United States:

Briefs are here.

Quapaw Tribe Congressional Reference Case Survives Motion to Dismiss

September 19, 2013Matthew L.M. Fletcher

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

1 Congressional Reference

7-1 US Motion to Dismiss

16 DCT Order Denying Motion to Dismiss

Supreme Court Partially Vacates and Reverses Judgment Favoring Samish Indian Nation

October 9, 2012October 9, 2012Matthew L.M. Fletcher1 Comment

Here is today’s order list. From the order:

The petition for a writ of certiorari is granted. The judgment with respect to all matters relating to respondent’s Revenue Sharing Act claim is vacated, and the case is remanded to the United States Court of Appeals for the Federal Circuit with instructions to dismiss that claim as moot. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950).

Lower court materials here.

Samish Indian Nation Cert Opposition Brief in Trust Breach Case

September 6, 2012Matthew L.M. Fletcher

Here:

Samish Cert Opp

The cert petition is here.

Lower court materials here.