Federal Court Orders State Bar Arbitration in Fee Dispute Arising out of Successful Trust Breach Claim

Here are the court orders in Givens v. Oenga (D. Alaska):

1 Complaint

30 DCt Order

42 DCt Order

54 DCT Order

55 DCt Order re Motion for Stay

Materials on the underlying trust breach claim are here and show just how long we’ve been doing Turtle Talk.

Federal Government Trust Liability in Oenga v. United States

Here is the opinion: OENGA v US

An excerpt:

For the reasons stated above, the court holds that the government breached its trust responsibilities to monitor the plaintiffs’ lease and ensure compliance with its terms in 2001. Damages that the government should have collected from BPX at that time, plus damages stemming from BPX’s continued use of the allotment for purposes outside the scope of the lease are now due to the plaintiffs. These damages will be measured as the present fair annual rental of the improper use of the allotment. The precise methodology for determining present fair annual rental will require a fact hearing and expert opinion should this case proceed to trial. The plaintiffs are not entitled to interest on the damages the government should have collected or allowed the plaintiffs to collect from BPX.