Eastern Shawnee Tribe to pursue trust lawsuits
Tuesday, September 22, 2009
Filed Under:
Law
|
Trust
The Eastern Shawnee Tribe of Oklahoma can pursue its trust mismanagement cases in two different courts, the
Federal Circuit Court of
Appeals ruled on September 17.
The tribe filed a lawsuit in the
U.S. District Court in
Washington, D.C. to compel a historical accounting of its trust funds.
Eight days later, the tribe filed a complaint in the
U.S. Court of Federal
Claims to seek damages, plus interest, for alleged mismanagement of its trust assets.
A judge dismissed the second lawsuit, saying it was essentially the same as the first. But the Federal Circuit said the tribe can pursue both claims because they seek different relief.
In March, the Federal Circuit issued a similar ruling in a case involving the
Tohono O'odham Nation of Arizona.
Get the Story:
Indian Trust Lawsuit to Proceed in Claims Court
(Courthouse News Service 9/21)
Federal Circuit Decision:
Eastern Shawnee Tribe v. US (September 17, 2009)
Related Stories:
Federal Circuit ruling in
Tohono O'odham trust case (03/16)
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