Post by Okwes on Feb 23, 2006 9:21:35 GMT -5
Native American Rights Fund: Court decision is ?stunning victory?
Indian legal aid group responds to Pembina Chippewas ruling
Native American Times 2/21/2006
A group of lawyers sympathetic to Native American interests have reacted
to a court decision allowing a long running dispute between the federal
government and Indian tribes to continue.
The Native American Rights Fund reports that the U.S. Court of Federal
Claims has given ?a stunning victory? to the Chippewa Cree Tribe of the
Rocky Boy?s Reservation, Little Shell Tribe of Chippewa Indians of
Montana, Turtle Mountain Band of Chippewa Indians, and the White Earth
Band of Minnesota Chippewa Indians, four tribes collectively known as
the Pembina Chippewas.
According to fund officials, the tribes are suing the feds for
mismanagement of their tribal trust fund, the Pembina Judgment Fund,
since the fund began in 1964. The case was originally filed in the fall
of 1992, and stems from two different treaties, including one dating
back to 1863. Various twists and turns have followed, but fund
representatives say the federal claims court decision is a straight-out
win.
?[The claims court] ruled that statutes of limitation do not bar the
suit because a full accounting by the U.S. has not yet occurred, that
federal statutes mandate that the federal government pay money damages
for any breach of trust under the statutes, and that the Court need not
determine whether the rules governing class actions are satisfied in
this case because a special federal statute, which allows ?a group of
Indians? to bring suit before the Claims Court, covers all of the
judgment fund beneficiaries in the Pembina Chippewa's case,? NARF said
in statement posted on their website, adding that they believe a
settlement is still possible.
?NARF is hopeful that in light of this opinion that is so favorable to
the Pembina Chippewas, meaningful negotiations between the parties on
this case will resume,? the group said in a statement. ?It is likely,
however, the government will try to bring at least a few more issues to
the Court before it seriously considers settlement of the case.
Nevertheless, after years of representing the Pembina Chippewas in this
case, NARF is extremely pleased with this opinion of the Court which
allows the case to go forward as it originally was filed ? for money
damages on behalf of all of the beneficiaries to the Pembina Judgment
Fund 1964 and 1980 Awards.?
NARF was established in 1970 to assist Indian tribes and individual
tribal members with legal advice. They have offices in Boulder,
Anchorage and Washington, D.C.
Indian legal aid group responds to Pembina Chippewas ruling
Native American Times 2/21/2006
A group of lawyers sympathetic to Native American interests have reacted
to a court decision allowing a long running dispute between the federal
government and Indian tribes to continue.
The Native American Rights Fund reports that the U.S. Court of Federal
Claims has given ?a stunning victory? to the Chippewa Cree Tribe of the
Rocky Boy?s Reservation, Little Shell Tribe of Chippewa Indians of
Montana, Turtle Mountain Band of Chippewa Indians, and the White Earth
Band of Minnesota Chippewa Indians, four tribes collectively known as
the Pembina Chippewas.
According to fund officials, the tribes are suing the feds for
mismanagement of their tribal trust fund, the Pembina Judgment Fund,
since the fund began in 1964. The case was originally filed in the fall
of 1992, and stems from two different treaties, including one dating
back to 1863. Various twists and turns have followed, but fund
representatives say the federal claims court decision is a straight-out
win.
?[The claims court] ruled that statutes of limitation do not bar the
suit because a full accounting by the U.S. has not yet occurred, that
federal statutes mandate that the federal government pay money damages
for any breach of trust under the statutes, and that the Court need not
determine whether the rules governing class actions are satisfied in
this case because a special federal statute, which allows ?a group of
Indians? to bring suit before the Claims Court, covers all of the
judgment fund beneficiaries in the Pembina Chippewa's case,? NARF said
in statement posted on their website, adding that they believe a
settlement is still possible.
?NARF is hopeful that in light of this opinion that is so favorable to
the Pembina Chippewas, meaningful negotiations between the parties on
this case will resume,? the group said in a statement. ?It is likely,
however, the government will try to bring at least a few more issues to
the Court before it seriously considers settlement of the case.
Nevertheless, after years of representing the Pembina Chippewas in this
case, NARF is extremely pleased with this opinion of the Court which
allows the case to go forward as it originally was filed ? for money
damages on behalf of all of the beneficiaries to the Pembina Judgment
Fund 1964 and 1980 Awards.?
NARF was established in 1970 to assist Indian tribes and individual
tribal members with legal advice. They have offices in Boulder,
Anchorage and Washington, D.C.