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.

sd-ala-dct-decision

“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

Continue reading

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

Continue reading