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The Firm handles litigation or serves as consultant in a wide variety of claims alleging government mismanagement of Indian trust assets.
Sometimes a federal agency mismanages Indian trust property, raising the question of whether there is a valid claim for damages against the Government. Charlie Hobbs of our Firm, along with Marsha Schmidt, handled the case of Mitchell v. United States, 463 U.S. 206 (1983), in which the Supreme Court held that the United States must pay damages when it mismanages Indian trust property. In that case, the Government mismanaged Indian timber.
Jerry Straus, with Charlie Hobbs and Marsha Schmidt, also handled the case of Menominee Tribe v. United States in the Court of Federal Claims. Part of that case involved mismanagement of tribal timber, a tribal mill, and tribal funds, all held in trust for the Tribe. The case was settled in 1998 for $32,000,000.
Our Firm's attorneys have also handled trust mismanagement cases involving coal, oil and gas, tribal funds, grazing lands, and a variety of other tribal assets. The Firm is highly experienced in working with experts in the valuation of farm and grazing land, timber, minerals, and other tribal trust assets.
In addition to directly handling Indian trust mismanagement cases, the Firm also consults with tribes and tribal attorneys who are exploring Indian claims -- whether they are valid, what remedies are available, and ways to improve prospects in hostile courts, avoid pitfalls, and maximize damages.
CONTACT:
Charles Hobbs or
Jerry Straus
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