Quiet Title Act: Challenge of public use of road across private land per FS easement barred by law of case and statute of limitations… Christensen affirmed. [Read more…]
Indian land, mandamus to enforce partition agreement
INDIAN LANDS: Suit to mandate BIA to partition land on Crow Reservation consistent with a settlement agreement barred by sovereign immunity… “Indian” rather than “Native” used for consistency with caselaw and in a political sense… Watters reversed. [Read more…]
SSD/SSI rejected on remand from 2017 denial
SSD/SSI claims properly again rejected on remand from 2017 denial… Kelley/Christensen affirmed. [Read more…]
SSD digestive claim properly denied
SSD: Digestive issues claim properly denied… Johnston affirmed (memorandum). [Read more…]
SSD, limitations in concentration, persistence, pace
SSD: ALJ erred in downgrading Plaintiff’s limitations in maintaining concentration, persistence, pace… Kelley/Johnston reversed (memorandum). [Read more…]
Trust/tax lien foreclosure, ranch
TRUST/TAX LIEN FORECLOSURE rulings relating to ranch affirmed… Watters affirmed (memorandum). [Read more…]
FTCA/Indians, high-speed pursuit deaths/injuries
FTCA/INDIANS: Material fact issues preclude summary judgment as to discretionary function exception and contributory negligence of drivers of 2 vehicles involved in high-speed pursuit Reservation accidents… Morris. [Read more…]
SSD, MS claimant, denial affirmed 2-1
SSD properly denied for MS Claimant… Kelley/Cavan affirmed 2-1 (memorandum). [Read more…]
Officer sexual assault, whether within authority
OFFICER SEXUAL ASSAULT: Summary judgment for US precluded by factual dispute as to whether BIA Officer was within his authority when he coerced minor into sexual acts… remanded for bench trial before a different judge… Watters reversed (memorandum). [Read more…]
SSD, denial of benefits
SSD: Denial of benefits affirmed… Kelley/Cavan affirmed (memorandum). [Read more…]
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