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United States v. Samish Indian Nation

Docket No. Op. Below Argument Opinion Vote Author Term
11-1448 Fed. Cir. Not Argued Oct 9, 2012 TBD TBD OT 2012

Issue: (1) Whether the Tucker Act, 28 U.S.C. § 1491(a)(1), or Indian Tucker Act, 28 U.S.C. § 1505, grants the Court of Federal Claims subject-matter jurisdiction over an Indian tribe’s claim for money damages against the United States, based on the United States’ purported violation of sources of law that do not themselves mandate a damages remedy for their violation; and (2) whether the United States may be required to pay damages for failing to provide an Indian tribe with a statutorily defined portion of a statutory fund, where Congress enacted limited appropriations for that fund and those appropriations were exhausted over a decade before the tribe filed its action for money damages.

Judgment: The case is granted, the judgment with respect to all matters relating to respondent’s Revenue Sharing Act claim is vacated, and the case is remanded to the United States Court of Appeals for the Federal Circuit with instructions to dismiss that claim as moot (see United States v. Munsingwear, Inc.) on October 9, 2012.

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