Menominee Indian Tribe v. United States
412 U.S. App. D.C. 221
| D.C. Cir. | 2014Background
- Menominee Indian Tribe contracted with HHS under ISDA for health services; disputes arose over unpaid contract support costs for 1996–1998.
- CDA requires submission of contract claims to a contracting officer and imposes a six-year statute of limitations for such claims.
- Menominee did not file administrative claims during the limitations period; it relied on two nationwide tribal class actions (Ramah and Cherokee Nation) and perceived litigation futility due to adverse agency and circuit precedent.
- Cherokee Nation class action failed to obtain class certification; later, the Supreme Court in Cherokee Nation resolved a circuit split in favor of tribal claims (decided before Menominee’s 2005 filings but after the limitations period for some years at issue).
- Menominee filed administrative claims in 2005; contracting officer denied claims for 1996–1998 as untimely. Lower courts split on whether equitable tolling could apply; on remand courts denied tolling and dismissed time-barred claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling can save Menominee’s 1996–1998 claims | Menominee: class-action tolling or equitable tolling should apply because it reasonably relied on pending Cherokee Nation class action and adverse precedent made filing futile | Government: no extraordinary circumstance; Menominee’s delay was due to its own legal/tactical choices and failure to exhaust administrative remedies | Held: Equitable tolling not available; delays were not extraordinary and were self-caused |
| Whether Menominee was entitled to class-action tolling during Cherokee Nation certification period | Menominee: as a putative class member it reasonably expected tolling during certification pendency | Government: Menominee was ineligible because it had not exhausted administrative remedies — a known jurisdictional prerequisite | Held: No class-action tolling because Menominee could not meet jurisdictional prerequisites to class membership |
| Whether adverse agency/circuit precedent that made claims appear futile qualifies as extraordinary circumstance | Menominee: adverse IHS practice and unfavorable circuit decisions made suit futile and thus tolled filing | Government: adverse precedent does not prevent filing; tribes could file elsewhere or exhaust and appeal (including to Federal Circuit) | Held: Adverse precedent and agency position did not qualify as extraordinary; Menominee could have pursued remedies or appealed |
| Whether related "stable-funding" claims (1999–2000) survive if earlier claims are time-barred | Menominee: stable-funding claims should stand independent or be tolled along with earlier years | Government: stable-funding claims depend on tolling of 1997–1998; otherwise time-barred | Held: Stable-funding claims dismissed as time-barred because equitable tolling of antecedent years was denied |
Key Cases Cited
- Holland v. Florida, 560 U.S. 631 (2010) (standard for equitable tolling: diligence plus extraordinary circumstance)
- Pace v. DiGuglielmo, 544 U.S. 408 (2005) (definition of extraordinary circumstances for tolling)
- Am. Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974) (class-action tolling suspends statutes of limitations for putative class members)
- Cherokee Nation of Okla. v. Leavitt, 543 U.S. 631 (2005) (government’s duty to pay contract support costs when appropriations suffice)
- Menominee Indian Tribe of Wis. v. United States, 614 F.3d 519 (D.C. Cir. 2010) (Menominee II: class-action tolling unavailable where jurisdictional prerequisites not met; remand on equitable tolling)
- Arctic Slope Native Ass’n, Ltd. v. Sebelius, 699 F.3d 1289 (Fed. Cir. 2012) (discussion of equitable tolling for tribes under complex factual posture)
- Thompson v. Cherokee Nation of Okla., 334 F.3d 1075 (Fed. Cir. 2003) (Board/ Federal Circuit rulings favorable to tribal contract-cost claims)