United States Federal Circuit

In an action brought by Native American plaintiffs seeking redress for themselves and other Native Americans in connection with the government's alleged mismanagement of oil-and-gas leases on Indian allotment land, the U.S. Court of Federal Claims grant of summary judgment to the Government on Count I and dismissal of Counts II and III, is affirmed where: 1) the settlement in the class action lawsuit Cobell v. Salazar bars plaintiffs from now asserting Count I against the government; 2) as to Count II, 25 U.S.C. section 396 does not supply the fiduciary duty alleged to be breached; and 3) as to Count III, plaintiffs voluntarily chose to forfeit their claims against the government by failing to exercise their opt-out right of the Cobell class action settlement.

Appellate Information

• Published 2016/04/27

Judges

• PROST

Court

• United States Federal Circuit

Counsel