Law | Trust

Eastern Shawnee Tribe a victim of Supreme Court decision

The Eastern Shawnee Tribe of Oklahoma is the latest victim of a U.S. Supreme Court decision that changes the game in Indian trust litigation.

The tribe filed a lawsuit in federal district court to seek an historical accounting of its trust assets. The tribe subsequently filed a lawsuit in the in the U.S. Court of Federal Claims to seek damages for trust mismanagement.

Under the Supreme Court's ruling in US v. Tohono O'odham Nation, that practice will no longer be permitted. In an order today, the justices vacated a September 19, 2009 decision that would have allowed the tribe to pursue both cases.

The tribe's Federal Claims lawsuit will now be dismissed unless the Federal Circuit Court of Appeals somehow revives it.

The case is US v. Eastern Shawnee Tribe.

Supreme Court Decision:
Syllabus | Opinion [Kennedy] | Concurrence [Sotomayor] | Dissent [Ginsburg]

Oral Argument Transcript:
US v. Tohono O'odham Nation (November 1, 2010)

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

Related Stories:
Supreme Court changes the game for tribal trust litigation (4/27)
Opinion: Supreme Court decision in Tohono O'odham case (4/27)
Tohono O'odham Nation loses trust suit in Supreme Court (4/26)
Turtle Talk Poll: Why no decision in Tohono O'odham case? (4/20)
Supreme Court yet to issue ruling in Tohono O'odham case (4/19)
Recap: Supreme Court arguments in US v. Tohono O'odham Nation (11/2)
Supreme Court to hear Tohono O'odham Nation trust case today (11/1)
Turtle Talk: Supreme Court singling out tribes for damage cases (10/14)
Supreme Court sets November 1 hearing for first Indian law case (09/29)
Supreme Court accepts Tohono O'odham trust law case (4/19)
Tribes working to keep cases away from Supreme Court (3/31)
Federal Circuit ruling in Tohono O'odham trust case (3/16)

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