CONTRACT DISPUTE ACT

Menominee Indian Tribe of Wisconsin v. United States of America, et al.

Issues

Whether the D.C. Circuit misapplied Holland’s decision when it ruled that the statute of limitations was not subject to equitable tolling for claims brought under the Indian Self Determination and Education Assistance Act (“ISDA”)? See Brief for Petitioner at i.

Court below

United States Court of Appeals for the D.C. Circuit

The U.S. Supreme Court will decide whether the D.C. Circuit misapplied the Court’s decision in Holland v. Florida when the D.C. Circuit ruled that the statute of limitations was not subject to equitable tolling for the Menominee Indian Tribe of Wisconsin’s (“the Tribe”) 1996–1998 claims for contract support costs. See Brief for Respondent at i. The Tribe argues that despite the D.C. Circuit’s interpretation of the Holland standard for equitable tolling as rigid and mechanical, the Holland standard should instead conform to the Federal Circuit standard, which is a comprehensive and unified analysis that also follows the proper interpretation of Holland. See Brief for Petitioner at 5–6. In contrast, the United States argues that the elements within a comprehensive analysis do not provide an independent basis for equitable tolling, and that equitable tolling should not excuse the Tribe’s miscalculations and legal misunderstandings. See Brief for Respondent at 21–22, 48.

Questions as Framed for the Court by the Parties

Petitioner: Whether the D.C. Circuit misapplied this Court’s Holland decision when it ruled that the Tribe was not entitled to equitable tolling of the statute of limitations for filing of ISDA claims under the CDA? See Brief for Petitioner at i.

Respondent: Whether the court of appeals misapplied this Court’s decision in Holland v. Florida, when it ruled that petitioner was not entitled to equitable tolling of the statute of limitations for filing of ISDA claims under the CDA? See Brief for Respondent at I.

Between 1995 and 2004, the Tribe provided healthcare services to its members pursuant to a self-determination contract with the Secretary of Health and Human Services (“HHS”). Menominee Indian Tribe of Wis. v. United States, 764 F.3d 51, 54 (U.S. App. 2014).