Legal Opinion

Confederated Tribes & Bands of the Yakama Nation v. United States

United States Court of Federal Claims

Decided October 8, 2009No. 09-160LPublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MILLER, Judge.

Before this court after argument is defendant’s motion to dismiss for lack of subject matter jurisdiction pursuant to RCFC 12(b)(1). Defendant contends that the claim of an American Indian tribe and Indian allotment owners for breach of trust and fiduciary duties is not ripe because it is premised on contingent future events — namely, debt collection and enforcement actions under the aegis of the Secretary of the United States Department of the Interior — that may not occur as anticipated, if at all. Plaintiffs maintain that the statute of limitations…

2Cases cited36 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  4. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  5. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936

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3Cited by8 opinions

  1. Sheridan Corp. v. United StatesUnited States Court of Federal Claims · 2010
  2. Ceres Gulf, Inc. v. United StatesUnited States Court of Federal Claims · 2010
  3. Land of Lincoln Mutual Health Insurance Company v. United StatesUnited States Court of Federal Claims · 2016
  4. Beres v. United StatesUnited States Court of Federal Claims · 2011
  5. Inter-Tribal Council of Arizona, Inc. v. United StatesUnited States Court of Federal Claims · 2016

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