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Dispute Resolution Keyed to Goldberg, 7th Ed.
United States v. Jicarilla Apache Nation
Citation:
564 U.S. 162, 131 S. Ct. 2313 (2011)Facts
The Jicarilla Apache Nation occupies a 900,000-acre reservation in northern New Mexico established by Executive Order in 1887. The land contains natural resources (timber, gravel, oil, and gas) that are developed pursuant to statutes administered by the Department of Interior. The proceeds from these resources are held by the United States in trust for the Tribe. In 2002, the Tribe filed a breach-of-trust action against the United States in the Court of Federal Claims, seeking monetary damages for alleged mismanagement of trust funds from 1972 to 1992. During discovery, the Government withheld 155 documents based on attorney-client privilege and attorney work-product doctrine. The Tribe moved to compel production, arguing that the fiduciary exception to the attorney-client privilege applied because the Government was acting as a trustee. The Court of Federal Claims granted the motion in part, holding that the fiduciary exception applied to communications relating to trust management. The Federal Circuit agreed, finding that the trust relationship between the United States and Indian tribes is sufficiently similar to a private trust to justify applying the fiduciary exception.
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