indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Federal Circuit ruling in Tohono O'odham trust case
Monday, March 16, 2009
Filed Under: Law | Trust

The Tohono O’odham Nation of Arizona can pursue its trust mismanagement cases in two different courts, the Federal Circuit Court of Appeals ruled.

The tribe filed a historical accounting lawsuit in the U.S. District Court in Washington, D.C. The case is similar to the Cobell case and other tribal historical accounting cases.

But a second lawsuit in the U.S. Court of Federal Claims that seeks money damages for trust mismanagement was dismissed. A judge said the tribe's cases were based on "the same operative facts" and sought the "same relief."

By a 2-1 decision, the Federal Circuit reversed. The majority said the lawsuits seek different outcomes despite being tied to the tribe's trust assets.

"Thus, the Court of Federal Claims complaint seeks damages in the form of 'new money' that the Nation should have earned as profit but did not, while the district court complaint seeks return of 'old money' that belongs to the Nation but erroneously does not appear on its balance sheet," the court said. "These are not the same types of relief."

"Although our decision in this case will require the government to litigate in multiple fora, we note that there is no risk of double recovery," the court added, rejecting an argument that had been raised by attorneys for the Bush administration.

Federal Circuit Decision:
Tohono O'odham Nation v US (March 16, 2009)



Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Film company aims to bring Native stories to life (9/2)
Mark Trahant: Alaska Native candidate joins rival in governor's race (9/2)
Jeromy Sullivan: Port Gamble S'Klallam Tribe cleans up homelands (9/2)
Walt Lamar: Tribes face problems dealing with legalized marijuana (9/2)
Jennie Stockle: Fans mock Cherokee people with Trail of Tears sign (9/2)
DaShanne Stokes: State-recognized tribes need eagle feathers too (9/2)
BIA holds final meetings on reforms to federal recognition process (9/2)
Comanche Nation recognizing Code Talkers with new gravestones (9/2)
Police in Manitoba seek information on two missing Native sisters (9/2)
Indian studies professor denied position over remarks about Israel (9/2)
Alaska Natives excluded from secret military intelligence program (9/2)
Opinion: Decision calls Indian payday lender's arbitration a 'sham' (9/2)
Judge schedules hearing in Gun Lake Tribe's gaming land litigation (9/2)
Poarch Creeks see revenues increase as gaming operation grows (9/2)
Viejas Band looking to expand casino after reaching new compact (9/2)
California tribes are drawing large numbers of Filipinos to casinos (9/2)
Mohegan Tribe wants 'right-sized' commercial casino in New York (9/2)
Tim Giago: Oglala Sioux people aren't afraid to say no to easy cash (9/1)
Native Sun News: Release of secret uranium mining data ordered (9/1)
Mark Trahant: It's past time for tribal leaders to govern the nation (9/1)
Jennie Stockle: A safe space for opponents of offensive mascotry (9/1)
John Christian Hopkins: A big thank you to the friend I never met (9/1)
National Museum of the American Indian celebrates 10th birthday (9/1)
Mother arrested in connection with child's death on Navajo Nation (9/1)
Opinion: Energy development can help secure tribal independence (9/1)
Cherokee Nation announces $170M casino and retail development (9/1)
Tunica-Biloxi Tribe won't be sharing gaming revenues this quarter (9/1)
Seminole Tribe on track to see gaming revenues increase to $2.1B (9/1)
Eastern Shawnee Tribe to reopen gaming facility in February 2015 (9/1)
Editorial: Tohono O'odham Nation didn't play by 'rules' with casino (9/1)
Opinion: Gaming good for Eastern Cherokees but not for fellow tribe (9/1)
Opinion: Federal recognition only means more casinos in California (9/1)
Native Sun News: Tribes walk out of contract support cost meeting (8/29)
Clara Caufield: Northern Cheyenne Tribe spends $2.4M on property (8/29)
Mike Johanns: Retracing steps of great Ponca Chief Standing Bear (8/29)
Steven Newcomb: Racist mascot a sign of deeper problems in US (8/29)
Lauren Jones: Affordable Care Act benefits Native Americans too (8/29)
Gila River Indian Community to see $77.6M from Cobell buy-back (8/29)
Energy boom linked to rise in human trafficking in Indian Country (8/29)
Navajo man heads up Native American Homelessness Task Force (8/29)
9th Circuit hears case over Yakama Nation tobacco manufacturer (8/29)
WAER: ICWA matters handled in 'kangaroo courts' in South Dakota (8/29)
MPR: Red Lake Nation opposes liquor license near dry reservation (8/29)
Tule River Tribe helps remove marijuana operation on reservation (8/29)
Omaha Tribe signs agreement with EPA to improve utility services (8/29)
Las Vegas Paiute Tribe rejected 'gift' from NFL team's foundation (8/29)
KPLU: Spokane Tribe maintains close ties with baseball franchise (8/29)
Opinion: HUD loan program a small step to boost Indian housing (8/29)
DNA study finds distinct population of Native people in Arctic area (8/29)
Tribes closely watching Big Lagoon Rancheria casino land dispute (8/29)
Tohono O'odham Nation to build off-reservation casino in phases (8/29)
State questions Forest County Powatatomi Tribe's slot machines (8/29)
Quapaw Tribe eyes local support for commercial casino in Kansas (8/29)
Native Sun News: Police officers who shot Indian teen get medals (8/28)
Cara Cowan Watts: Laying the groundwork for college scholarship (8/28)
Rudolph Ryser: Indigenous nations need leverage to bring change (8/28)
DOI extends $100M in Cobell buy-back offers on two reservations (8/28)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.