21 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
United States v. Mitchell
445 U.S. 535 (1980) Cited 2,329 times
Holding that the United States does not have a specific fiduciary obligation to manage timber resources on allotted lands, held in trust for Indian-allotees
Osborn v. U.S.
918 F.2d 724 (8th Cir. 1990) Cited 1,597 times 2 Legal Analyses
Holding that an injured child's FTCA claim could not have accrued when the child's doctors "had not yet reached a conclusion" as to the cause of the child's injury
U.S. v. Navajo Nation
556 U.S. 287 (2009) Cited 192 times
Holding that the Navajo-Hopi Rehabilitation Act of 1950 and Surface Mining Control and Reclamation Act of 1977 do not provide a cause of action to the Navajo Nation against the United States for breach of trust in its approval of coal mining leases
United States v. Texas
507 U.S. 529 (1993) Cited 283 times
Holding that silence in a statute "falls far short of an expression of legislative intent to supplant the existing common law in that area"
Minnesota v. Mille Lacs Band of Chippewa Indians
526 U.S. 172 (1999) Cited 188 times 4 Legal Analyses
Holding that non-exclusive usufructuary rights survived the sale of a reservation where the instrument terminating the reservation was silent as to those rights
Menominee Tribe v. United States
391 U.S. 404 (1968) Cited 219 times
Finding no clear intent to abrogate treaty
United States v. Dion
476 U.S. 734 (1986) Cited 129 times
Holding that rights granted to a tribe by treaty may be abrogated by Congress
McAdams v. McCord
584 F.3d 1111 (8th Cir. 2009) Cited 67 times 1 Legal Analyses
Stating we may affirm the district court's dismissal of a complaint for failure to state a claim “on any basis supported by the record”
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,250 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 462 - Transferred
25 U.S.C. § 462 Cited 69 times
Extending trust indefinitely
Section 162a - Deposit of tribal funds in banks; bond or collateral security; investments; collections from irrigation projects; affirmative action required
25 U.S.C. § 162a Cited 51 times
Providing that, to "proper[ly] discharge ... the trust responsibilities of the United States," the Secretary of the Interior must, inter alia, provide systems for accounting, controls over receipts and disbursements, and timely reconciliations; and determine accurate cash balances
Section 4011 - Responsibility of Secretary to account for daily and annual balances of Indian trust funds
25 U.S.C. § 4011 Cited 31 times
Requiring Secretary of the Interior to account "for the daily and annual balance of all funds held in trust by the United States for the benefit of an Indian tribe"

LeBeau et al v. United States of America

21 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that the United States does not have a specific fiduciary obligation to manage timber resources on allotted lands, held in trust for Indian-allotees

Holding that an injured child's FTCA claim could not have accrued when the child's doctors "had not yet reached a conclusion" as to the cause of the child's injury

Holding that the Navajo-Hopi Rehabilitation Act of 1950 and Surface Mining Control and Reclamation Act of 1977 do not provide a cause of action to the Navajo Nation against the United States for breach of trust in its approval of coal mining leases

Holding that silence in a statute "falls far short of an expression of legislative intent to supplant the existing common law in that area"

Holding that non-exclusive usufructuary rights survived the sale of a reservation where the instrument terminating the reservation was silent as to those rights

Finding no clear intent to abrogate treaty

Holding that rights granted to a tribe by treaty may be abrogated by Congress

Stating we may affirm the district court's dismissal of a complaint for failure to state a claim “on any basis supported by the record”

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Extending trust indefinitely

Providing that, to "proper[ly] discharge ... the trust responsibilities of the United States," the Secretary of the Interior must, inter alia, provide systems for accounting, controls over receipts and disbursements, and timely reconciliations; and determine accurate cash balances

Requiring Secretary of the Interior to account "for the daily and annual balance of all funds held in trust by the United States for the benefit of an Indian tribe"