indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Federal Circuit ruling in Tohono O'odham trust case
Monday, March 16, 2009
Filed Under: Law | Trust

The Tohono O’odham Nation of Arizona can pursue its trust mismanagement cases in two different courts, the Federal Circuit Court of Appeals ruled.

The tribe filed a historical accounting lawsuit in the U.S. District Court in Washington, D.C. The case is similar to the Cobell case and other tribal historical accounting cases.

But a second lawsuit in the U.S. Court of Federal Claims that seeks money damages for trust mismanagement was dismissed. A judge said the tribe's cases were based on "the same operative facts" and sought the "same relief."

By a 2-1 decision, the Federal Circuit reversed. The majority said the lawsuits seek different outcomes despite being tied to the tribe's trust assets.

"Thus, the Court of Federal Claims complaint seeks damages in the form of 'new money' that the Nation should have earned as profit but did not, while the district court complaint seeks return of 'old money' that belongs to the Nation but erroneously does not appear on its balance sheet," the court said. "These are not the same types of relief."

"Although our decision in this case will require the government to litigate in multiple fora, we note that there is no risk of double recovery," the court added, rejecting an argument that had been raised by attorneys for the Bush administration.

Federal Circuit Decision:
Tohono O'odham Nation v US (March 16, 2009)



Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Great Plains tribes call for full contract funds (7/23)
Native Sun News: Candidate wants Obama to meet with tribes (7/23)
Audio: Senate Committee on Indian Affairs hearing on gaming (7/23)
President Obama nominates Jonodev Chaudhuri to lead NIGC (7/23)
Class III compact for Swinomish Tribe lowers legal age to 18 (7/23)
Navajo Nation officials seek meeting in response to murders (7/23)
Larry Spotted Crow Mann: Thank Indian veterans for America (7/23)
Fond du Lac Band tries to uncover cause of foodborne illness (7/23)
Man in Alabama honors Yuchi ancestor with unique memorial (7/23)
Shivwits Band sees early success with gas station and store (7/23)
Seminole Tribe launches marketing campaign for juice brand (7/23)
Mohegan Tribe breaks ground on first of 15 chain restaurants (7/23)
Water bottling plant provides usage reports to Morongo Band (7/23)
WBUR: Tribes rebury one of their ancient relatives in Montana (7/23)
KPLU: Quileute Tribe welcomes man who was rescued in 2010 (7/23)
Unsettled: Free speech costs dearly at Passamaquoddy Tribe (7/23)
MSU News: Online Native studies courses open to registration (7/23)
Opinion: Connecticut tribe deserves a 2nd shot at recognition (7/23)
Ernie Stevens joins American Gaming Association Hall of Fame (7/23)
Employees at Graton Rancheria casino vote to join labor union (7/23)
Sandia Pueblo undertakes first major casino expansion project (7/23)
Mohegan Tribe's poll points to preference for casino in Catskills (7/23)
Native Sun News: Lakota War Path team wins world relay title (7/22)
Raina Thiele: Native youth participate in My Brother's Keeper (7/22)
Senate Committee on Indian Affairs looks into tribal gaming (7/22)
NIGC reports 'stable' growth in $28B tribal gaming industry (7/22)
Bail set at $5M for teens accused of murdering Navajo men (7/22)
Gyasi Ross: Indigenous children at border need to be heard (7/22)
Donna Ennis: Open border to indigenous sisters and children (7/22)
Jay Daniels: Land consolidation program isn't really working (7/22)
Mark Rogers: Reality of being an invisible Indian in New York (7/22)
Center: Report outlines harmful effects of 'Indian' mascots (7/22)
Yurok Tribe combats illegal marijuana farms on reservation (7/22)
County drops opposition to CSKT land-into-trust application (7/22)
Native youth hospitalized after being shot by police officer (7/22)
University of California welcomes Native youth to campus (7/22)
Unsettled: Questions linger on Passamaquoddy leadership (7/22)
WCAI: Mashpee Wampanoag Tribe won't join Plymouth 400 (7/22)
Opinion: Oglala Sioux Tribe could benefit from new currency (7/22)
Al Jazeera: Organization celebrates Black-Indian heritages (7/22)
First Nations leader in Manitoba faces scrutiny on spending (7/22)
Members of remote tribe receive care before heading home (7/22)
Coeur d'Alene Tribe axes Ted Nugent at casino over racism (7/22)
Menominee Nation outlines need for off-reservation casino (7/22)
Wyandotte Nation off-reservation casino lawsuit dismissed (7/22)
Editorial: Progress on Tohono O'odham Nation gaming plan (7/22)
Tim Giago: Treat alcoholism and drug addictions as diseases (7/21)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.