The Confederated Tribes of the Warm Springs Reservation of Oregon Warm Springs Forest Products Industries v. United States’s Empirical Analysis
248 F.3d 1365 · 2001
Citation profile
2 federal appellate ·
Relationships
Relies on United States v. Mitchell · Bigelow v. RKO Radio Pictures, Inc. · White Mountain Apache Tribe v. Bracker · Locke v. United States · Electronic & Missile Facilities, Inc. v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the amount that the Tribes would have earned from the sale of the green timber that was improperly included in the blowdown sale; (2) the amount of timber, if any, that was harvested under the logging contract but is missing from the BIA records and did not result in payment to the Tribes; and (3) the amount of timber that was harvested in trespass, if any, and whether the BIA breached its duty to the Tribes by failing to prevent that trespass.”
1 later decision quote this exact passage · from the majority“Where several alternative investment strategies would have been equally plausible, the court should presume that the funds would have been used in the most profitable of these. The burden of providing that the funds would have earned less than that amount is on the fiduciaries found to be in breach of their duty. Any doubt or ambiguity should be resolved against them.”
1 later decision quote this exact passage · from the majority“Under trust law generally, a beneficiary is entitled to recover damages for the improper management of the trust’s investment assets. In determining the amount of damages for a breach of the trustee’s fiduciary duty with regard to investments of the trust property, courts attempt to place the beneficiary in the position in which it would have been absent a breach.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.