Arctic Slope Native Association, Ltd. v. Sebelius
2012 U.S. App. LEXIS 23174
Fed. Cir.2012Background
- ASNA appeals a Civilian Board of Contract Appeals ruling that its CDA breach-of-contract claims were time-barred under the six-year statute of limitations.
- ISDA amendments in 1988 made ISDA contractors subject to the CDA and able to pursue disputes to the Board, Court of Federal Claims, or district courts.
- ASNA participated in Ramah Navajo Chapter v. Norton and was a class member; Ramah later supported claims about underpayment of contract support costs.
- Cherokee Nation of Oklahoma v. United States and Pueblo of Zuni v. United States involved related ISDA contract disputes and class-certification dynamics influencing exhaustion of remedies.
- ASNA filed its CDA claims with IHS in 2005, and separately with the Board in 2006; the Board dismissed as time-barred, prompting appellate review.
- The Federal Circuit previously held equitable tolling may apply to § 605(a) CDA claims, remanding for an ISDA- and tolling-specific assessment for ASNA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should the six-year CDA statute be equitably tolled for ASNA? | ASNA relied on Ramah, Zuni, and Cherokee to argue tolling. | Government contends no tolling under the circumstances. | Yes; equitable tolling applies; remand for proceedings consistent with this opinion. |
| Were diligence and extraordinary-circumstance prongs satisfied for tolling? | ASNA diligently monitored litigation and relied on controlling authority. | ASNA failed to present timely and relied on uncertain landscape. | Yes; ASNA acted diligently and extraordinary circumstances existed, warranting tolling. |
Key Cases Cited
- Ramah Navajo Chapter v. Norton, 250 F. Supp. 2d 1303 (D.N.M.2002) (class-action exhaustion issues and certification dynamics impacting tolling)
- Cherokee Nation v. United States, 199 F.R.D. 357 (E.D. Okla.2001) (class certification decisions in ISDA-related disputes)
- Pueblo of Zuni v. United States, 467 F. Supp. 2d 1099 (D.N.M.2006) (exhaustion and class issues in ISDA claims)
- Arctic Slope Native Ass'n v. Department of Health and Human Services, 583 F.3d 785 (Fed. Cir.2009) (equitable tolling under ISDA/CDA framework)
- Holland v. Florida, 560 U.S. 631 (S. Ct. 2010) (necessity of showing diligence and extraordinary impediment)
- Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990) (equitable tolling framework for tolling statutes)