Federal Circuit Reinstates ISDEAA Suit against IHS — UPDATED with Briefs

Here is the opinion.

Here is an excerpt:

Arctic Slope Native Association, Ltd., (“ASNA”) ap- peals a decision of the Civilian Board of Contract Appeals (“Board”) dismissing ASNA’s breach-of-contract claim under the Contract Disputes Act (“CDA”) as time-barred. Because the CDA’s six-year statute of limitations should have been equitably tolled, we reverse and remand.

Here are the briefs:

ASNA Opening Brief

Sebelius Brief

ASNA Reply

MOWA Tribe v. United States

The district court dismissed the appeal of the MOWA band’s denial of federal recognition because the six-year statute of limitations period had passed.


“Slumber[ing] on its Rights”: Menominee Tribe v. US

This case regards a claim for contract support costs from IHS. The district court rejected the claim, in part, because the tribe “‘slumber[ed]’ on its rights.” Here are the materials:

DCT Opinion

US Motion to Dismiss

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Freedmen Claim Against United States Dismissed (Fed. Cl.)

The case is Harvest Institute Freedmen Federation v. United States. The court dismissed the claim under FRCP 12(b)(1) — failure to state a claim — but not on the government’s statute of limitations claim. Here are the materials:

1866 Freedmen Agreement

US Motion to Dismiss

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