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Lummi Tribe of the Lummi Reservation v. United States

Certiorari Denied

Petition for certiorari denied on October 1, 2018.

Docket No.17-1419
Op. BelowFed. Cir.

Issue

(1) Whether 28 U.S.C. § 1491 grants the Court of Federal Claims jurisdiction over an action to recover grant-in-aid funds unlawfully recouped by the United States or is the action one for specific relief which must be brought under the Administrative Procedure Act, 5 U.S.C. § 702; (2) whether the Court of Federal Claims has jurisdiction to enter a judgment on an illegal exaction claim when the United States had previously awarded money to a recipient under a grant-in-aid statute and then unlawfully recouped the funds; and (3) whether, when a grant-in-aid statute mandates that the United States pay grant funds to a plaintiff, the Court of Federal Claims has jurisdiction to enter a money judgment for the failure to pay the grant funds even if there are conditions on the use of the grant funds after they are awarded.

Proceedings & orders timeline

Apr 5, 2018
Petition for a writ of certiorari filed. (Response due May 11, 2018)
May 3, 2018
Motion to extend the time to file a response from May 11, 2018 to June 11, 2018, submitted to The Clerk.
May 4, 2018
Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2018.
May 16, 2018
Motion to extend the time to file a response from June 11, 2018 to July 11, 2018, submitted to The Clerk.
May 18, 2018
Motion to extend the time to file a response is granted and the time is further extended to and including July 11, 2018.
Jul 11, 2018
Brief of respondents United States in opposition filed.
Jul 25, 2018
DISTRIBUTED for Conference of 9/24/2018.
Jul 31, 2018
Reply of petitioners Lummi Tribe of the Lummi Reservation, et al. filed. (Distributed)
Oct 1, 2018
Petition DENIED.

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