New Filings in Indian Trust – Regulatory Takings Case

New Amicus briefs were filed in support of the Tribe in the case of United States v. Toohono O'odham Nation. Colorado River Indian Tribes brief here. Chamber of Commerce brief here. Osage Nation brief here. Our brief, filed on behalf of the National Association of Home Builders, is here. Questions Presented: Under 28 U.S.C. 1500, the Court of Federal Claims (CFC) does not have jurisdiction over "any claim for or in respect to which the plaintiff * * * has * * * any suit or process against the United States" or its agents "pending in any other court." The question presented is: Whether 28 U.S.C. 1500 deprives the CFC of jurisdiction over a claim seeking monetary relief for the government's alleged violation of fiduciary obligations if the plaintiff has another suit pending in federal district court based on substantially the same operative facts, especially when the plaintiff seeks monetary relief or other overlapping relief in the two suits. Merits Briefs: United States (Petitioner)'s Brief: here. Tribe's (Respondent)'s Brief: here. Amicus Brief of Professor Sisk: here. Other Briefs: United States' Petition for Certiorari: here. (courtesy of scotusblog.com) Tribe's Brief in Opposition to the Petition for a Writ of Certiorari: here. United States' Reply: here. (courtesy of scotusblog.com) Decision below: Federal Circuit's decision: here.

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