JICARILLA v. USA

Filing 314

ORDER: the parties shall be prepared to discuss at the oral argument scheduled for July 22, 2011, the standard the court must employ in deciding whether it may disregard prior precedents of the U.S. Court of Claims and Federal Circuit that have not been overruled by the latter court. Signed by Judge Francis M. Allegra. (si) Copy to parties.

In The United States Court of Federal Claims
No. 02-25L
(Filed: July 21, 2011)
__________
JICARILLA APACHE NATION,
formerly JICARILLA APACHE TRIBE,
Plaintiff,
v.
THE UNITED STATES,
Defendant.
_________
ORDER
_________
Oral argument on the pooling issue in this case is scheduled for July 22, 2011. At that
argument, the parties shall be prepared to discuss the standard the court must employ in deciding
whether it may disregard prior precedents of the U.S. Court of Claims and Federal Circuit that
have not been overruled by the latter court. See, e.g., El-Shifa Pharmaceutical Indus. Co. v.
United States, 378 F.3d 1346, 1352 (Fed. Cir. 2004) (panel refused to overrule prior decision of
the Court of Claims on the basis that it was inconsistent with subsequent Supreme Court
decisions; such an overruling required the circuit to rule en banc); George E. Warren Corp. v.
United States, 341 F.3d 1348, 1351 (Fed. Cir. 2003).
IT IS SO ORDERED.

s/ Francis M. Allegra
Francis M. Allegra
Judge