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Tag Archives: Indian Tucker Act
Federal Circuit Decides Cloud v. US [Pro Se Indian Tucker Act Claim]
Here is the unpublished opinion in Cloud v. United States. Briefs: cloud-brief.pdf federal-brief.pdf
Posted in Author: Matthew L.M. Fletcher, Research
Tagged Cloud v. United States, Federal Circuit, Indian Tucker Act
Federal Circuit Reinstates Tucker Act Claim re: Keepseagle Settlement
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
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
Here is the opinion in El Paso Natural Gas Co. v. United States: CADC Opinion Briefs are here.
Posted in Author: Matthew L.M. Fletcher, Environmental, Research, trust relationship
Tagged Comprehensive Environmental Response Compensation and Liability Act, D.C. Circuit, El Paso Natural Gas Co. v. United States, federal trust breach, federal trust responsibility, Indian Tucker Act, Navajo Nation, Resource Conservation and Recovery Act, Uranium Mill Tailings Remediation and Control Act
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Quapaw Tribe Congressional Reference Case Survives Motion to Dismiss
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
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 … Continue reading
Samish Indian Nation Cert Opposition Brief in Trust Breach Case
Here: Samish Cert Opp The cert petition is here. Lower court materials here.
United States v. Samish Cert Petition
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 … Continue reading
Federal Court Denies Individual Tribal Members Intervention Motion in Round Valley Settlement
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.
Federal Circuit Revives Part of Samish Indian Nation Damages Claims against US in Federal Recognition Case
Here is today’s opinion in Samish Indian Nation v. United States. An excerpt: The issues on appeal before this court are ones of statutory construction. We must decide whether certain claims are premised on money-mandating statutes and are therefore within the … Continue reading
