Indian Tucker Act

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

Matthew L.M. Fletcher

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

Opinion.pdfDownload
Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

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

Matthew L.M. Fletcher

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

1 Complaint

15 US Motion to Dismiss

20 Response

21 Reply

23-1 Surreply

27 DCT Order

Related suit here.

Federal Circuit Decides Cloud v. US [Pro Se Indian Tucker Act Claim]

Matthew L.M. Fletcher

Here is the unpublished opinion in Cloud v. United States.

Briefs:

cloud-brief.pdf

federal-brief.pdf

Federal Circuit Reinstates Tucker Act Claim re: Keepseagle Settlement

Matthew L.M. Fletcher

Here is the opinion in LaBatte v . United States.

Briefs:

LaBatte Brief

US Brief

Reply

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

Tucker Act Breach Claim against US over Keepseagle Settlement Dismissed

Matthew L.M. Fletcher

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

9 US Motion to Dismiss

10 Response

16 Reply

17 Surreply

25 DCT Order

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

Matthew L.M. Fletcher1 Comment

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

CADC Opinion

Briefs are here.

Quapaw Tribe Congressional Reference Case Survives Motion to Dismiss

Matthew L.M. Fletcher

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

1 Congressional Reference

4 Complaint

7-1 US Motion to Dismiss

10 Response

11 Reply

16 DCT Order Denying Motion to Dismiss

Supreme Court Partially Vacates and Reverses Judgment Favoring Samish Indian Nation

Matthew 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

Matthew L.M. Fletcher

Here:

Samish Cert Opp

The cert petition is here.

Lower court materials here.

United States v. Samish Cert Petition

Matthew L.M. Fletcher

Here:

US v Samish Cert Petition

Samish–Pet App (final)

Questions presented:

1. Whether the Tucker Act, 28 U.S.C. 1491(a)(1), or Indian Tucker Act, 28 U.S.C. 1505, grants the Court of Federal Claims subject-matter jurisdiction over an Indian Tribe’s claim for money damages against the United States, based on the United States’ purported violation of sources of law that do not themselves mandate a damages remedy for their violation.

2. Whether the United States may be required to pay damages for failing to provide an Indian Tribe with a statutorily defined portion of a statutory fund, where Congress enacted limited appropriations for that fund and those appropriations were exhausted over a decade before the tribe filed its action for money damages.

Lower court materials are here.