Tohono O’odham Nation v. United States

BLT reports that numerous vacancies will be opening soon on the Federal Circuit, which the writers refer to as “patent-heavy.”

That’s true, but the Circuit also hears a significant number of Indian law cases as well.

For example, the Circuit issued opinions in Tohono O’odham Nation v. U.S. and Wolfchild v. U.S. in 2009. And Navajo Nation v. United States (I and II), the Peabody Coal case that went to the SCT twice was a Federal Circuit case.

We suppose the patent bar will scream bloody murder if President Obama nominates an American Indian lawyer to this Circuit, but — who knows? — maybe it can be done.

Something to think about.

Here is the decision in T.O.N. v. United States: ton-v-us

An excerpt:

This case concerns the application of 28 U.S.C. § 1500, the statute that divests the United States Court of Federal Claims of jurisdiction over “any claim for or in respect to which the plaintiff or his assignee has pending in any other court any suit or process against the United States.” Applying § 1500, the Court of Federal Claims dismissed an action brought by the Tohono O’odham Nation (the “Nation”) alleging that the United States breached certain fiduciary duties as trustee of funds and property owned by the Nation. Tohono O’odham Nation v. United States, 79 Fed. Cl. 645, 646 (2007). Because we conclude that the Nation’s complaint in the Court of Federal Claims seeks relief that is different from the relief sought in its earlier-filed district court action, we reverse.

Here are the briefs:

brief-of-plaintiff-appellant-tohono-o_odham-nation-filed-5_5_08

answering-brief-of-the-united-states-7-30-08

to-reply-brief