Lummi Tribe of the Lummi Reservation v. United States
Petition for certiorari denied on October 1, 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.
Date | Proceedings and Orders |
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04/05/2018 | Petition for a writ of certiorari filed. (Response due May 11, 2018) |
05/03/2018 | Motion to extend the time to file a response from May 11, 2018 to June 11, 2018, submitted to The Clerk. |
05/04/2018 | Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2018. |
05/16/2018 | Motion to extend the time to file a response from June 11, 2018 to July 11, 2018, submitted to The Clerk. |
05/18/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including July 11, 2018. |
07/11/2018 | Brief of respondents United States in opposition filed. |
07/25/2018 | DISTRIBUTED for Conference of 9/24/2018. |
07/31/2018 | Reply of petitioners Lummi Tribe of the Lummi Reservation, et al. filed. (Distributed) |
10/01/2018 | Petition DENIED. |