Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Menominee Indian Tribe of Wisconsin v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
14-510 D.C. Cir. Dec 1, 2015
Tr.Aud.
Jan 25, 2016 9-0 Alito OT 2015

Holding: Equitable tolling is not available to preserve contract claims that were not timely presented to a federal contracting officer because there were no extraordinary circumstances beyond the tribe’s control: the tribe had unilateral authority to present its claims in a timely manner, and its claimed obstacles – a mistaken reliance on a putative class action and a belief that presentment was futile – were not outside the tribe’s control.

Judgment: Affirmed, 9-0, in an opinion by Justice Alito on January 25, 2016.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 3 2014Petition for a writ of certiorari filed. (Response due December 4, 2014)
Dec 8 2014Order extending time to file response to petition to and including January 5, 2015.
Jan 5 2015Order further extending time to file response to petition to and including February 4, 2015.
Feb 2 2015Order further extending time to file response to petition to and including March 6, 2015.
Mar 4 2015Order further extending time to file response to petition to and including April 6, 2015.
Mar 31 2015Order further extending time to file response to petition to and including May 12, 2015.
May 8 2015Order further extending time to file response to petition to and including May 26, 2015.
May 26 2015Brief of respondents United States, et al. filed.
Jun 9 2015DISTRIBUTED for Conference of June 25, 2015.
Jun 25 2015DISTRIBUTED for Conference of June 29, 2015.
Jun 30 2015Petition GRANTED limited to the following question: Whether the D. C. Circuit misapplied this Court's Holland decision when it ruled that the Tribe was not entitled to equitable tolling of the statute of limitations for filing of Indian Self-Determination Act claims under the Contract Disputes Act?
Jul 29 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 2, 2015.
Jul 29 2015The time to file respondents' brief on the merits is extended to and including October 21, 2015.
Sep 2 2015Joint appendix filed (statement of costs filed).
Sep 2 2015Brief of petitioner Menominee Indian Tribe of Wisconsin filed.
Sep 9 2015Brief amicus curiae of National Congress of American Indians filed.
Oct 9 2015SET FOR ARGUMENT on Tuesday, December 1, 2015
Oct 19 2015Proposal from respondent to lodge copies of claims filed with the Indian Health Service contracting officer and the related decisions of denial at issue in this case.
Oct 19 2015Record requested from U.S.C.A. District of Columbia Circuit.
Oct 21 2015Brief of respondents United States, et al. filed.
Oct 27 2015CIRCULATED
Nov 19 2015Reply of petitioner Menominee Indian Tribe of Wisconsin filed. (Distributed)
Dec 1 2015Argued. For petitioner: Geoffrey D. Strommer, Portland, Ore. For respondents: Ilana H. Eisenstein, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jan 25 2016Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.
Feb 26 2016Judgment Issued
 
Share:
Term Snapshot
Awards