Menominee Indian Tribe v. United States

SCOTUSBlog Analysis of the Menominee Oral Argument

Matthew L.M. Fletcher

Here, from Ronald Mann, is “Argument analysis: Justices dubious of tribe’s claim for equitable tolling in government contract dispute.”

An excerpt:

I could not have been more wrong. The Justices who spoke during yesterday morning’s argument were unremittingly dubious. It is not an exaggeration to say that there was not one comment from the bench during the entire argument that suggested any predilection, disposition, or expectation of a vote for the tribe. Although individual Justices offered a variety of other reasons to reject the tribe’s position, two general themes dominated the Justices’ shared expressions of skepticism.

NCAI Amicus Brief in Menominee Indian Tribe v. United States

Matthew L.M. Fletcher

Here:

NCAI Amicus Brief

Opening merits brief here.

SCOTUS Grants Cert in Menominee Tribe v. United States

Matthew L.M. Fletcher

Here is the order list. From the order list:

The petition for a writ of certiorari is granted limited to the following question: Whether the D. C. Circuit misapplied this Court’s Holland decision when it ruled that the Tribe was not entitled to equitable tolling of the statute of limitations for filing of Indian Self-Determination Act claims under the Contract Disputes Act?

Cert stage briefs are here and here.

United States Recommends Certiorari Grant in Menominee Tribe v. United States

Matthew L.M. Fletcher2 Comments

Here is the government’s brief:

US cert response brief

An excerpt:

The court of appeals correctly held that neither the Tribe’s erroneous prediction of the outcome of litigation, nor its expectation that the government would deny its administrative claims, warrants equitable tolling of the CDA’s six-year limitations period. That decision, however, squarely conflicts with the Federal Circuit’s decision in Arctic Slope Native Ass’n v. Sebelius, 699 F .3d 1289 (2012), which found tolling appropriate on materially similar facts. In the government’s view, certiorari is warranted.

Cert petition is here.

Lower court materials here.

Menominee Tribe v. United States Cert Petition

Matthew L.M. Fletcher3 Comments

Here:

Menominee Indian Tribe Cert Petition

Question presented:

Whether the D.C. Circuit misapplied this Court’s Holland decision when it ruled – in direct conflict with a holding of the Federal Circuit on materially similar facts – that the Tribe did not face an “extraordinary circumstance” warranting equitable tolling of the statute of limitations for filing of Indian Self-Determination Act claims under the Contract Disputes Act?

Lower court materials here.