· 6/24/2013
Jicarilla Apache Nation, Formerly Jicarilla Apache Tribe v. United States
Citations
- 112 Fed. Cl. 274
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding the BIA’s failure to “take into account the Nation’s budgetary needs” could only be “viewed as a plain and extended violation of defendant’s fiduciary duties”
- “Courts determine the amount of damages for such a breach by attempting to put the beneficiary in the position in which it would have been absent the breach.”
- “Courts determine the amount of damages for such a breach by attempting to put the beneficiary in the position in which it would have been absent the breach.”
- “[I]t is a principle of long standing in trust law that once the beneficiary has shown a breach of the trustee’s duty and a resulting loss, the risk of uncertainty as to amount of the loss falls on the trustee.”
- “[I]t is a principle of long standing in trust law that once the beneficiary has shown a breach of the 28 trustee’s duty and a resulting loss, the risk of uncertainty as to amount of the loss falls on the trustee.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Allegra
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.