Lower Brule Sioux Tribe 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 of the United States Court of Federal Claims (“RCFC”). Center stage once again is 28 U.S.C. § 1500, the source of much controversy over the years. Simply put, § 1500 bars this court from exercising jurisdiction over any suit “for or in respect to” the same claim as a suit pending in any other court. What this means in practice has produced inconsistent results that make this statute anything but simple in its application.

Indeed, just a few…