Navajo Trust Fund

Pelt v. Utah — Navajo Trust Fund Court Order on State’s Affirmative Defenses

Matthew L.M. Fletcher

Here is the opinion in this ongoing case — dct-order-on-states-affirmative-defenses

An excerpt:

For reasons set forth below, the court vacates the 1999 Order because the State of Utah adequately pleaded the affirmative defenses of laches and statute of limitations in its Answer, which should not have been dismissed on a motion for judgment on the pleadings. But, because both defenses fail as a matter of law and fact, Plaintiffs’ Motion for Summary Judgment 2 is GRANTED and the State’s laches and statute of limitations defenses are dismissed with prejudice on the merits.

Pelt v. Utah — Navajo Trust Fund Litigation

Matthew L.M. Fletcher

The Tenth Circuit held that prior decisions involving the Navajo Trust Fund held by the State of Utah did not foreclose the current claim for an accounting of the fund by beneficiaries.

pelt-v-utah-ca10-opinion

opening-brief-pelt-v-utah

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Taylor v. Sturgell

Pelt v. Utah – Navajo Trust Fund Accounting

Matthew L.M. Fletcher

Here is a short description of the questions arising in this matter from the opinion:

Beneficiaries of the Navajo Trust Fund (“NTF” or “Trust Fund”) filed this class action against the NTF trustee, Defendant State of Utah, seeking relief for alleged mismanagement of Trust Fund monies. They seek, among other things, an equitable accounting of Trust Fund income and expenditures. The equitable accounting must be completed before the court moves to the liability phase of the case.

This matter comes before the court on cross-motions for partial summary judgment regarding the scope and nature of Utah’s duty to account for and invest Trust Fund income. Although the parties raise many issues, the court finds that only the following two questions need to be decided at this stage of the litigation. First, what is the scope  of Utah’s obligation to account for the oil and gas royalties that are the source of NTF funds? Second, what is the scope of Utah’s duty to account for investment income?

Here are the materials:

DCT Order

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