Logourl black
From our private database of 14,200+ case briefs...

United States v. Jicalrilla Apache Nation

United States Supreme Court
564 U.S. ___ (2011)


Facts

Funds from natural resources taken from the reservation of the Jicalrilla Apache Nation (Tribe) (plaintiff) were held in trust by the United States government (defendant). The Tribe brought suit against the government in the Court of Federal Claims, alleging mismanagement of these funds. During discovery, the Tribe requested certain documents containing legal advice from the United States Office of the Solicitor to the Department of Interior. The government asserted the attorney-client privilege. The Court of Federal Claims ordered the government to produce the documents, finding that because of the fiduciary relationship between the government and the Tribe, the attorney-client privilege did not apply. On petition for a writ of mandamus, the United States Court of Appeals for the Federal Circuit affirmed. The United States Supreme Court granted certiorari. The government argued, among other things, that its obligations with respect to the Tribe were creatures of statute, as opposed to the common law under which the fiduciary exception to the attorney-client privilege was created. The statutes and regulations in question delineated the government’s disclosure obligations with respect to the Tribe’s funds. Additionally, the regulations provided that the documents the Tribe requested were “the property of the United States.”

Rule of Law

Issue

Holding and Reasoning (Alito, J.)

Dissent (Sotomayor, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.