The Confederated Tribes of the Warm Springs Reservation of Oregon and Warm Springs Forest Products Industries v. United States

How courts have described this case

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

• holding that when trustee fails to keep proper records, any doubts must be resolved in favor of the beneficiary
• holding that the consequences of the difficulties in determining an accurate accounting due to the government’s failure to keep proper records “should not be visited upon the Tribes”
• noting that plaintiffs only are entitled to the amount of damages that would place them “in the position in which [they] would have been absent a breach”
• “It 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 the amount of the loss falls on the trustee.”

Source: CourtListener parenthetical corpus (CC0).