Legal Opinion

United Keetoowah Band of Cherokee Indians v. United States

United States Court of Federal Claims

Decided March 20, 2009No. 06-936LPublishedCited by 10 opinions

1Opinion of the Court

OPINION AND ORDER ON DEFENDANT’S MOTION TO DISMISS

THOMAS C. WHEELER, Judge.

This case arises from the United States Government’s alleged breach of its fiduciary duty to the United Keetoowah Band of Cherokee Indians in Oklahoma (“Keetoowah Cherokees”) to properly administer, provide an accounting of, and safely invest funds derived from the tribe’s assets. Before the Court is Defendant’s July 18, 2008 motion to dismiss for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Rules of the Court of Federal Claims (“RCFC”) and 28 U.S.C. § 1500 (2006) (“Section 1500”). Section 1500…

2Cases cited32 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. United States v. MitchellSupreme Court of the United States · 1983
  4. Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988
  5. Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995

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3Cited by10 opinions

  1. Mastrolia v. United StatesUnited States Court of Federal Claims · 2010
  2. Kaw Nation of Oklahoma v. United StatesUnited States Court of Federal Claims · 2012
  3. Low v. United StatesUnited States Court of Federal Claims · 2009
  4. Nez Perce Tribe v. United StatesUnited States Court of Federal Claims · 2011
  5. United Keetoowah Band of Cherokee Indians v. United StatesUnited States Court of Federal Claims · 2012

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