Federal Circuit Affirms Council for Tribal Employment Rights v. United States Without Opinion

Here is the order.

Briefs and lower court materials here.

Federal Circuit Briefs in Council for Tribal Employment Rights v. United States


CTER Brief

US Brief

CTER Reply Brief

Lower court materials here.

Spirit Lake Employee Group’s Contract Claims against Feds Dismissed

Here are the materials in Council for Tribal Employment Rights v. United States (Fed. Cl.):

1-Council for Tribal Employment Rights Complaint

25-US Motion to Dismiss

46-Council Response

48-Council Motion for Partial Summary J

49-US Reply

53-US Opposition

DCT Order Dismissing Complaint

An excerpt:

Council for Tribal Employment Rights (“Council”), a national intertribal nonprofit organization which represents the employment interests of certain Indian tribes, seeks $500,000 in damages for the alleged breach of two agreements which involved the Council, the Office of Indian Energy and Economic Development (“the Office”), a component of the Bureau of Indian Affairs (“the Bureau”), U.S. Department of the Interior, and the Spirit Lake Tribe (“Spirit Lake” or “the Tribe”), a federally recognized Indian tribe. Both agreements were executed as amendments to an existing contract between the Office and Spirit Lake. The first, Amendment 2, involved the provision of funds to support a Native Construction Careers Initiative (“NCCI”) commercial construction training program, and called upon the Council to conduct the training program. The second, Amendment 6, allocated funds to support training projects approved by the Federal Highway  Administration (“FHWA”). The statement of work for that Amendment referenced an FHWA training program agreement which contemplated that the Council would provide training to develop certain certification programs for road construction activities.