FOLLOW US

America January 23, 2024 3 mins read

Court Will Rethink Tribes’ Claims In Railroad Dispute

America ı By Rihem Akkouche

0 Comments

Court Will Rethink Tribes Claims In Railroad Dispute

In a surprising turn of events, an Idaho federal judge, Amanda K. Brailsford, has reinstated two Quiet Title Act claims made by the Shoshone-Bannock Tribes of the Fort Hall Reservation against the federal government. This decision comes amid a heated dispute over land formerly utilized by a railway. The judge's ruling stems from a recent Supreme Court decision, injecting a burst of uncertainty into the legal proceedings.

Supreme Court's Impact on Railroad Dispute

U.S. District Judge Brailsford, acknowledging the implications of the Supreme Court's 6-3 decision in Wilkins v. United States last March, agreed that the Quiet Title Act's 12-year statute of limitations is a procedural rule rather than a strict jurisdictional constraint. This ruling mandated a reconsideration of the dismissal of the tribes' claims, breathing new life into Counts V and VI of the lawsuit.

"This holding reversed the precedent the court relied on in its December 2021 decision and renders the dismissal of Counts V and VI clearly erroneous," stated Judge Brailsford in an order issued on Monday.

Ejectment Claim Denied, Multiple Decisions Remain Unaltered

Despite the revival of certain claims, the judge denied the tribes' attempt to reinstate an ejectment claim against the Bureau of Land Management. Emphasizing that the Supreme Court had not overturned the Block v. North Dakota precedent, Judge Brailsford maintained that the Quiet Title Act remains the exclusive avenue to challenge the United States' title to real property.

The judge also declined to certify several earlier decisions for interlocutory appeal, indicating that some issues raised by the tribes were now mooted with the reinstatement of key claims.

Court Will Rethink Tribes' Claims In Railroad Dispute : Allegations of Unlawful Land Transactions

The legal battle dates back to 2018 when the Shoshone-Bannock Tribes initiated a lawsuit against the federal government and other entities. The tribes contend that the federal government was complicit in Union Pacific Railroad Co.'s alleged improper sale or lease of land parcels, a violation of acts passed in the 1880s. The acts required the return of the land to the tribes once it was no longer used for railroad purposes.

Court records reveal that the tribes recently moved to file a second amended complaint, intending to expand their legal arsenal by asserting violations of the "Bad Man" provisions in the Fort Bridger Treaty of 1868.

Court Will Rethink Tribes' Claims In Railroad Dispute : Ongoing Legal Developments

While the Shoshone-Bannock Tribes and Union Pacific Railroad declined to comment, representatives for other involved parties were unavailable for immediate comment.

The legal showdown is far from over, with the tribes represented by William F. Bacon, Monte Gray, Mark A. Echo Hawk, and Joseph T. Preston. The federal government is represented by Todd Kim, Shaun M. Pettigrew, and Amanda K. Rudat, while Union Pacific Railroad Co. is defended by Julianne P. Blanch, Lee Radford, and John E. Cutler. The city of Pocatello is represented by Blake G. Hall.

Previous Article

BlackRock acquired 20% in Recurrent Energy

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 03, 2026
Diesel Crisis: G7 Deal Leaves Questions About New Supply
By – Michallie Harrison
America October 2, 2026
Judge Refuses to Dismiss Labor Union’s…

What This Ruling Changes Starbucks failed to persuade a federal…

By – Samuel Lopez
America October 2, 2026
Pentagon’s Project Meridian Gives Musk, Luckey…

Key Takeaways The Pentagon has commissioned Project Meridian, a 120-day effort…

By – Samuel Lopez
America October 2, 2026
Every Pentagon UAP File Drop Has…

Signals Ahead of Release 7 All six PURSUE UAP tranches…

By – Samuel Lopez
America October 2, 2026
Molestation Allegations Rock Kern County Political…

Molestation allegations involving former Kern County Supervisor Zack Scrivner have…

By – Jackie Allen
America October 2, 2026
Rioters in France: School Protests Escalate…

Rioters in France escalated a growing wave of student demonstrations…

By – Jackie Allen
America October 2, 2026
SNAP Cost Shift Sends a Bigger…

WASHINGTON — A SNAP cost shift took effect Thursday, requiring…

By – Michallie Harrison
America October 2, 2026
SNAP Cost Shift Sends a Bigger…

WASHINGTON — A SNAP cost shift took effect Thursday, requiring…

By – Michallie Harrison
America October 2, 2026
Cornell University Rape Case Escalates as…

The Cornell University rape case has taken a dramatic new…

By – Rachel Moore
America October 2, 2026
Atlantic Coast Insurance Suspension Follows Growing…

The atlantic coast insurance suspension has added another layer of…

By – Rachel Moore
America October 2, 2026
Kaiser Permanente Layoffs Eliminate 147 Jobs…

A major shake-up is coming to Kaiser Permanente’s California workforce,…

By – Rachel Moore
America October 2, 2026
ICC Ends Contract With French Insurer…

The International Criminal Court has severed its health insurance relationship…

By – Rachel Moore
America October 2, 2026
Minnesota Health Insurance Rates Rise as…

Minnesota residents buying health coverage outside employer-sponsored plans are heading…

By – Rachel Moore
America October 2, 2026
Operation Epic Fury: Trump Warns Iran…

Operation Epic Fury remains central to the Trump administration’s account…

By – Jackie Allen
America October 2, 2026
Killed by in-laws: New York Times…

Jonathan McKinsey, 40, was killed by his elderly in-laws. They…

By – Jackie Allen
America October 1, 2026
Government Spending: Trump Administration Moves to…

 The Trump administration is moving to cancel nearly $1 billion…

By – Jackie Allen
America October 1, 2026
JPMorgan Executive Renews Countersuit After Ex-Banker’s…

The “sex slave” allegations involving JPMorgan Chase executive Lorna Hajdini…

By – Jackie Allen
America October 1, 2026
Diesel Crisis: Louisiana Relief Meets New…

Louisiana’s diesel crisis has entered October with emergency relief still…

By – Michallie Harrison
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America October 2, 2026
G7’s Release of 100M Barrels of…

What Truckers and Consumers Need to Know The G7’s 100-million-barrel…

By – Samuel Lopez
America September 30, 2026
Two-Time NBA Champion J.R. Smith Arrested…

What We Know About the Smith Arrest Smith, 41, is…

By – Samuel Lopez
America September 30, 2026
Former NASCAR Driver Jennifer Jo Cobb…

What This Verdict Means A North Carolina jury found former…

By – Samuel Lopez
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 30, 2026
Oklahoma Judge Strips Secrecy From 11…

Inside the Hursh Courtroom Showdown A judge removed the confidential…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America September 26, 2026
Princess Diaries Star Heather Matarazzo Says…

WHY THIS MATTERS Heather Matarazzo just admitted something most working…

By – Samuel Lopez
America September 24, 2026
California’s $11 Billion Undocumented Immigrant Benefits…

By Samuel López | USA Herald SACRAMENTO – California is…

By – Samuel Lopez
America September 22, 2026
Hayden Panettiere’s Cause of Death Confirms…

What the Toxicology Findings Tell Us Hayden Panettiere’s death has…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen
America September 22, 2026
Network Traffic Challenges May be Reshaped…

Network traffic has traditionally moved in one dominant direction: from…

By – Jackie Allen
America September 21, 2026
Gilbert Goons Defendant Arrested Again for…

A Gilbert Goons defendant awaiting trial in the 2023 death…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter