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Editor's Note :

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United States v. Tohono O’odham Nation

Docket No. Op. Below Argument Opinion Vote Author Term
09-846 Fed. Cir. Nov 1, 2010
Tr.Aud.
Apr 26, 2011 7-1 Kennedy OT 2010

Holding: Two suits making the same claim are barred from the Court of Federal Claims if they are based on substantially the same operative facts, regardless of the relief each seeks.(Kagan, J., recused).

Plain English Holding: Plaintiffs may not bring a suit in the Court of Federal Claims if they have already brought a suit based on the same set of facts in another court, even if they ask for different relief in the two cases.

Judgment: Reversed, 7-1, in an opinion by Justice Kennedy on April 26, 2011. Justice Ginsburg dissented alone. Justice Sotomayor joined in the judgment only, joined by Justice Breyer. (Kagan, J., recused).

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Certiorari-Stage Documents

  • Opinion below (Federal Circuit)
  • Petition for certiorari (unavailable)
  • Brief in opposition (unavailable)
  • Petitioner’s reply(unavailable)
 
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