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Here is the unpublished opinion in Cloud v. United States.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

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.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, trust relationship | Tagged , , , ,

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

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, trust relationship | Tagged , , , ,

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 , , , , , , , , | 1 Comment

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

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , , ,

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

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, trust relationship | Tagged , , , , , | 1 Comment

Samish Indian Nation Cert Opposition Brief in Trust Breach Case

Here: Samish Cert Opp The cert petition is here. Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, trust relationship | Tagged , , , , ,

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

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, trust relationship | Tagged , , , , ,

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.

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , ,

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

Posted in Author: Matthew L.M. Fletcher, federal recognition, Research, trust relationship | Tagged , , , | 3 Comments