Skip to main content

Menominee Indian Tribe of Wisconsin v. United States

Docket No.14-510
Op. BelowD.C. Cir.
ArgumentDec 1, 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 Samuel Alito on Jan 25, 2016.

Proceedings & orders timeline

Nov 3, 2014
Petition for a writ of certiorari filed. (Response due December 4, 2014)
Dec 8, 2014
Order extending time to file response to petition to and including January 5, 2015.
Jan 5, 2015
Order further extending time to file response to petition to and including February 4, 2015.
Feb 2, 2015
Order further extending time to file response to petition to and including March 6, 2015.
Mar 4, 2015
Order further extending time to file response to petition to and including April 6, 2015.
Mar 31, 2015
Order further extending time to file response to petition to and including May 12, 2015.
May 8, 2015
Order further extending time to file response to petition to and including May 26, 2015.
May 26, 2015
Brief of respondents United States, et al. filed.
Jun 9, 2015
DISTRIBUTED for Conference of June 25, 2015.
Jun 25, 2015
DISTRIBUTED for Conference of June 29, 2015.
Jun 30, 2015
Petition 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, 2015
The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 2, 2015.
Jul 29, 2015
The time to file respondents' brief on the merits is extended to and including October 21, 2015.
Sep 2, 2015
Joint appendix filed (statement of costs filed).
Sep 2, 2015
Brief of petitioner Menominee Indian Tribe of Wisconsin filed.
Sep 9, 2015
Brief amicus curiae of National Congress of American Indians filed.
Oct 9, 2015
SET FOR ARGUMENT on Tuesday, December 1, 2015
Oct 19, 2015
Proposal 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, 2015
Record requested from U.S.C.A. District of Columbia Circuit.
Oct 21, 2015
Brief of respondents United States, et al. filed.
Oct 27, 2015
CIRCULATED
Nov 19, 2015
Reply of petitioner Menominee Indian Tribe of Wisconsin filed. (Distributed)
Dec 1, 2015
Argued. 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, 2016
Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.
Feb 26, 2016
Judgment Issued

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.