Indian Tucker Act – Turtle Talk

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.

United States v. Samish Cert Petition

June 4, 2012Matthew 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.

Federal Court Denies Individual Tribal Members Intervention Motion in Round Valley Settlement

January 4, 2012Matthew L.M. Fletcher

Here are those materials in Round Valley Indian Tribe v. United States (Fed. Cl.):

DCT Order Denying Lohman Intervention Motion

Lohman Motion to Intervene

RVIT Opposition

Federal Govt Opposition

Lohman Reply

The underlying judgment favoring the tribe is here.

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