Court of Claims Decision in Jicarilla Apache Nation v. United States


Plaintiff has demonstrated that, during the period from February 22, 1974, to September 30, 1992, defendant breached its fiduciary duties to the Nation by mismanaging the Nation’s trust assets and other funds. Plaintiff has established all the traditional elements for recovery of damages on those breach claims. Based on the foregoing, the court finds that, for the period in question, plaintiff is entitled to damages in the amount of $21,017,491.99 – $21,015,651.45 on its underinvestment claim and $1,840.54 for its deposit lag claim. Plaintiff is entitled to recover nothing on its negative interest claim, which claim is dismissed for lack of jurisdiction. On or before June 17, 2013, the parties shall file a joint status report indicating how this case should proceed. Said report shall also discuss whether any form of additional relief is currently required under 28 U.S.C. § 1491(a)(2).63

Government Moves to Dismiss Goodeagle v. U.S. under SCt’s Decision in Tohono O’odham

Here is that motion:

US Motion to Dismiss Goodeagle Claims

An excerpt:

It is now well-established that this Court lacks subject-matter jurisdiction to entertain a suit if the plaintiff has a suit in another court based upon substantially the same operative facts. Plaintiffs’ instant Complaint and the class action, currently pending before the District Court for the District of Columbia (“District Court”), Cobell, et al. v. Salazar, et al., No. 96-cv-1285, have asserted claims based on substantially the same operative facts. Thus, Congress, under 28 U.S.C. § 1500, has explicitly deprived this Court of jurisdiction to entertain a case containing claims that are for or in respect to claims which Plaintiffs have asserted in another pending case.

We reported the complaint here.