Friday, April 3, 2015

The Hopi Tribe v. US

<> The Hopi Tribe v. US - 4/2/15. In the U.S. Court of Appeals, Federal Circuit, Case No. 2014-5018. The Hopi Tribe filed suit against the United States in the Court of Federal Claims seeking damages to cover the cost of providing safe drinking water on the Hopi Reservation.
     The Federal Circuit ruled, "We understand that water quality on parts of the Hopi Reservation is unacceptable, due in part to insufficient funds for new water infrastructure. But the Supreme Court's decisions are controlling in this case. Because the Hopi Tribe has not identified a money-mandating obligation that the United States allegedly violated, we must affirm the Court of Federal Claims' dismissal of this suit for lack of jurisdiction under the Indian Tucker Act."

AmeriPride Services, Inc. v. Texas Eastern Overseas, Inc.

<> AmeriPride Services, Inc. v. Texas Eastern Overseas, Inc. - 4/2/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-17245. The Panel vacated the district court's judgment after trial and agreeing with the First Circuit, and declining to follow the reasoning of the Seventh Circuit, the panel held that in allocating liability to a nonsettling defendant in a CERCLA contribution action, the district court is not required to apply either the proportionate share approach of the Uniform Comparative Fault Act or the pro tanto approach of the Uniform Contribution Among Tortfeasors Act, but rather has discretion to determine the most equitable method of accounting for settlements between private parties.