CFC Rejects Government’s Motions for More Definite Statement and Leaves Intact Indian Breach-of-Trust Claims

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The U.S. Court of Federal Claims recently denied the Government’s motion for a more definite statement in a breach-of-trust suit brought by the Quapaw Tribe of Oklahoma and a companion class action on behalf of members of the tribe. Although the court dismissed one claim on statute of limitations grounds and an alternative claim that did not ripen, it left intact the majority of the Indians’ breach-of-trust claims. And the single claim that was dismissed will be tried in another suit brought by the Quapaw—this one a congressional reference case in which the statute of limitations does not apply.

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Published In: Constitutional Law Updates, Indigenous Peoples Updates, Wills, Trusts, & Estate Planning Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

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Nancie G. Marzulla
Marzulla Law, LLC

I am a takings lawyer--with a practice focused on litigating takings claims in the U.S. Court of... View Profile »


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