Cervantes v. Dep't of Human Servs.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding ITAS only extended the statute of limitations concerning the collection of royalties from gas and oil assets, i.e., funds
• stating that the doctrine “has been applied in certain pay cases, on the grounds that each failure to pay the proper amount gave rise to a new claim”
• allowing the plaintiffs to proceed on a theory that every time the defendant used their property for oil and gas development a separate trespass occurred
• denying summary judgment to government on breach of trust claim and finding government had duty to remedy breaches of lease
• “[T]he Federal Circuit has indicated, as set forth above, that the ITAS is limited to claims of failure or delay in activities such as ‘(1) collecting payments under the ... contracts, (2) depositing the collected monies into the Tribes’ interest-bearing trust accounts, or (3
• “[T]he scope of the [Oenga] lease did not encompass oil and gas development and production from areas outside Niakuk, [as indicated by] repeated references to the ‘Niakuk Project’ in the original lease ... [which] evidence[s] that ... oil would be produced from Niakuk only.”

Source: CourtListener parenthetical corpus (CC0).