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Lummi Tribe of the Lummi Reservation v. United States

Petition for certiorari denied on October 1, 2018

Docket No. Argument Opinion Vote Author Term
17-1419 N/A N/A N/A N/A OT 2018

Issue: (1) Whether 28 U.S.C. § 1491 grants the Court of Federal Claims jurisdiction over an action to recover grant-in-aid 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; (2) whether the Court of Federal Claims has 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; and (3) whether, when a grant-in-aid statute mandates that the United States pay grant funds to a plaintiff, the Court of Federal Claims has 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.

DateProceedings and Orders (key to color coding)
04/05/2018Petition for a writ of certiorari filed. (Response due May 11, 2018)
05/03/2018Motion to extend the time to file a response from May 11, 2018 to June 11, 2018, submitted to The Clerk.
05/04/2018Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2018.
05/16/2018Motion to extend the time to file a response from June 11, 2018 to July 11, 2018, submitted to The Clerk.
05/18/2018Motion to extend the time to file a response is granted and the time is further extended to and including July 11, 2018.
07/11/2018Brief of respondents United States in opposition filed.
07/25/2018DISTRIBUTED for Conference of 9/24/2018.
07/31/2018Reply of petitioners Lummi Tribe of the Lummi Reservation, et al. filed. (Distributed)
10/01/2018Petition DENIED.