Here is another suit dismissed in accordance with U.S. v. Tohono O’odham Nation:
United States v. Tohono O’odham Nation
New Scholarship on U.S. v. Tohono O’odham Nation
Craig A. Schwartz has published Footloose: How to Tame the Tucker Act Shuffle After United States v. Tohono O’odham Nation in the UCLA Law Review Discourse.
The article has very little to do with Indian law, but demonstrates (if you read between the lines a bit) how the United States probably used all of the Indian claims cases now being dismissed en masse to also wipe out a class of claims based on regulatory takings. If the CFC “shuffle” case had arisen in the regulatory takings context, imagine how Scalia, J. would have reacted.
CFC Dismisses Iowa Tribe Claims against US under Tohono O’dham Precedent
Coeur d’Alene Tribal Claims Fall under the Tohono O’odham Precedent
Here is the new case from the Court of Federal Claims:
Federal Circuit Affirms Dismissal of Eastern Shawnee Tribe’s CFC Claims
Here is the unpublished, summary order in Eastern Shawnee Tribe v. United States. It was on remand from a GVR (grant, vacate, remand) from the Supreme Court (docs here). The Tribe had petitioned the Supreme Court before the United States v. Tohono O’odham Nation decision.
Winnebago Tribe CFC Claims Dismissed under U.S. v. Tohono O’odham
Here:
Another Tohono O’odham Dismissal: Red Cliff Band v. US
Here (a month old now) is the opinion in Red Cliff Band of Lake Superior Chippewa Indians v. United States (Fed. Cl.):
They Keep Falling: Cheyenne River Sioux and Stillaguamish Claims Dismissed under Tohono O’odham Decision
Omaha Tribe’s Claims a Victim of SCT’s Decision in Tohono O’odham
Here are the materials in Omaha Tribe v. United States (Fed. Cl.):
Nez Perce Survives Motion to Dismiss 1500 Claim under Tohono O’odham Decision
Here are the materials in Nez Perce Tribe v. United States (Fed. Cl.):
DCT Order Denying Government Motion to Dismiss
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