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Probate and Trusts
Breach of Fiduciary Duty
Tribal Trust Assets, Government

Wyandot Nation of Kansas v. United States

Published: May 3, 2014 | Result Date: Apr. 8, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 06-919L Bench Decision –  Dismissal

Court

U.S. Court of Federal Claims


Attorneys

Plaintiff

Brian J. Leinbach


Defendant

Gladys Cojocari

Thomas Kearns

Anthony P. Hoang

Rebecca Saltiel

Ignacia S. Moreno

Stephen R. Terrell
(U.S. Dept. of Justice)


Facts

Wyandot Nation of Kansas sued the United States government for the alleged mishandling of tribal funds.

Prior to this filing, Wyandot Nation filed a case before the U.S. District Court for the District of Columbia seeking relief for the government's alleged breach of fiduciary duty in connection with the same trust.

Contentions

PLAINTIFF'S CONTENTIONS:
Wyandot Nation contended that the U.S. government breached various fiduciary duties owed to the tribe by making poor investment decisions, failing to keep proper records, failing to properly manage the trust property, and failing to provide proper accounting. As a result, the tribe suffered monetary losses.

DEFENDANT'S CONTENTIONS:
The U.S. filed a motion to dismiss for lack of jurisdiction, arguing that a previously filed case in the the district court precluded tthis court's jurisdiction to hear the matter.

Result

Judge Victor J. Wolsko granted the government's motion to dismiss.


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