Legal Opinion

Tommy G. Thompson, Secretary of Health and Human Services v. Cherokee Nation of Oklahoma

Court of Appeals for the Federal Circuit

Decided July 3, 2003No. 02-1286PublishedCited by 56 opinions

1Opinion of the Court

DYK, Circuit Judge.

This case raises the question of whether the Secretary of the Department of Health and Human Services (“the Secretary”) breached his contracts with the Cherokee Nation of Oklahoma (“the appellee”), entered into pursuant to the Indian Self Determination and Education Assistance Act, 25 U.S.C. §§ 450-450n (“ISDA”).

The Department of the Interior Board of Contract Appeals (“the Board”) determined that the Secretary breached his contracts for the fiscal years 1994, 1995, and 1996, by failing to pay the full indirect costs of administering federal programs. In re Cherokee Nation…

2Cases cited32 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  3. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  4. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  5. Office of Personnel Management v. RichmondSupreme Court of the United States · 1990

27 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Samish Indian Nation v. United StatesCourt of Appeals for the Federal Circuit · 2005
  2. Cherokee Nation of Okla. v. LeavittSupreme Court of the United States · 2005
  3. Femme Comp Inc. v. United StatesUnited States Court of Federal Claims · 2008
  4. Shoshone Indian Tribe of the Wind River Reservation v. United StatesCourt of Appeals for the Federal Circuit · 2004
  5. Menominee Indian Tribe v. United StatesCourt of Appeals for the D.C. Circuit · 2014

51 more not listed; retrieve them via the Exa API.

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