Northwestern Band of Shoshone v. United States

OPINION and ORDER

BLOCK, Judge.

Before the court is defendant’s motion to dismiss for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1), Rules Court of Federal Claims (“RCFC”). This ease is a companion of the recently decided ease of Lower Brule Sioux Tribe v. United States, 102 Fed.Cl. 421 (2011), in that both contain similar facts and implicate the same jurisdictional statute, 28 U.S.C. § 1500. Indeed, both cases revolve around the resolution of the same question—whether a prior suit in another court precludes under § 1500 an action filed in the Court of Federal Claims. And in…