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Lummi Tribe of the Lummi Reservation, et al. v. United States

Paid petition · United States Court of Appeals for the Federal Circuit, No. 16-2196 · judgment September 12, 2017

Certiorari denied · October 1, 2018
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below.

Question presented

Does 28 U.S.C. § 1491 grant the court of federal claims jurisdiction over an action to recover grant-inaid 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? Does the court of federal claims have 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? Where a grant-in-aid statute mandates that the United States pay grant funds to a plaintiff, does the court of federal claims have 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?

Counsel of record

For petitioner
John Fredericks III
Fredericks Peebles & Morgan LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 31 2018
    Reply of petitioners Lummi Tribe of the Lummi Reservation, et al. filed. (Distributed)
  3. Jul 25 2018
    DISTRIBUTED for Conference of 9/24/2018.
  4. Jul 11 2018
    Brief of respondents United States in opposition filed.
  5. 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.
  6. May 16 2018
    Motion to extend the time to file a response from June 11, 2018 to July 11, 2018, submitted to The Clerk.
  7. May 04 2018
    Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2018.
  8. May 03 2018
    Motion to extend the time to file a response from May 11, 2018 to June 11, 2018, submitted to The Clerk.
  9. Apr 05 2018
    Petition for a writ of certiorari filed. (Response due May 11, 2018)