Zephier v. United States Cert Petition re: Mdewakanton Sioux Claims

Here — Zephier v United States Cert Petition

Questions presented:

1. Whether the Federal Circuit Court of Appeals erred in failing to recognize the existence of a trust corpus in property and beneficiary rights for and on behalf of the lineal descendants of the Loyal Mdewakantons, from the March 3, 1863 Act and that the existing trust corpus was intended to be implemented and enhanced by the subsequent legislation found in the Appropriations Acts of 1888, 1889, 1890 and 1980.

2. Whether the Federal Circuit Court of Appeals erred in not applying the doctrine of judicial estoppel as set forth in New Hampshire v. Maine, 532 U.S. 742 (2001) and thus allowed the United States to argue the existence of a trust and obtain a favorable result in the Eighth Circuit, Cermak v. United States, 478 F.3d 953 (8th Cir. 2007) and to argue the lack of a trust and obtain a favorable result in the Federal Circuit, Wolfchild v. United States, 559 F.3d 1228 (Fed. Cir. 2009), thereby creating a split in the Circuits.

The Wolfchild cert petition is here.