(United States Federal Circuit) - In an action brought by Native American plaintiffs seeking redress for themselves and other Native Americans in connection with the government's alleged mismanagement of oil-and-gas leases on Indian allotment land,the U.
S. Court of Federal Claims grant of summary judgment to the Government on Count I and dismissal of Counts II and III, is affirmed where: 1) the settlement in the class action lawsuit Cobell v. Salazar bars plaintiffs from now asserting Count I against the government; 2) as to Count II, and 25 U.
S.
C. section 396 does not supply the fiduciary duty alleged to be breached; and 3) as to Count III,plaintiffs voluntarily chose to forfeit their claims against the government by failing to exercise their opt-out suitable of the Cobell class action settlement.
Source: findlaw.com