Court of Claims Decision in Jicarilla Apache Nation v. United States


Plaintiff has demonstrated that, during the period from February 22, 1974, to September 30, 1992, defendant breached its fiduciary duties to the Nation by mismanaging the Nation’s trust assets and other funds. Plaintiff has established all the traditional elements for recovery of damages on those breach claims. Based on the foregoing, the court finds that, for the period in question, plaintiff is entitled to damages in the amount of $21,017,491.99 – $21,015,651.45 on its underinvestment claim and $1,840.54 for its deposit lag claim. Plaintiff is entitled to recover nothing on its negative interest claim, which claim is dismissed for lack of jurisdiction. On or before June 17, 2013, the parties shall file a joint status report indicating how this case should proceed. Said report shall also discuss whether any form of additional relief is currently required under 28 U.S.C. § 1491(a)(2).63

United States Petition for Rehearing in In re United States

Here: In re United States Petition for Rehearing

Recall that the question involved is whether the United States can avoid producing certain documents in the Jicarilla Apache v. United States case (materials here).

Jicarilla Apache Tribe v. U.S. — Attorney-Client Privilege Dispute Headed for Supreme Court?

Jicarilla Apache Tribe sued the U.S. in 2002 in the Court of Federal Claims and later asked for inter-agency federal documents where the government claimed an attorney-client privilege. The court disagreed and ordered the production of certain documents. This order here denies the government’s motion for a stay while it petitions to the Federal Circuit for a mandamus order. Now apparently it wants more time to file a cert petition in the Supreme Court.

Order on Motion to Stay

And here is the Federal Circuit’s order.