U.S. Reparations for Damages

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2006/2007/2008/2009/2010 People of Bikini vs. U.S. Lawsuit

Court Filings & Updates

Current Lawsuit v. the United States

On April 12 [April 11 US date], 2006, the people of Bikini Atoll filed a lawsuit against the U.S. Government in the U.S. Court of Federal Claims. The lawsuit seeks compensation under the Fifth Amendment to the U.S. Constitution for the taking of their property damage claims resulting from the U.S. Governments failure and refusal to adequately fund the March 5, 2001 order of the Nuclear Claims Tribunal. Alternatively, the people of Bikini seek damages for the U.S. Governments breaches of its fiduciary duty to provide just and adequate compensation for the taking of their lands in consideration for their agreement to move off Bikini Atoll and for the breach of the implied duties and covenants integral to that agreement, the Compact of Free Association, and the Section 177 Agreement. The lawsuit will seek compensation and/or damages of at least $561,036,320 (which represents the Tribunals original award to the Bikinians of $563,315,500 less the two payments totaling $2,279,180), plus interest as required by law. The total with interest on the filing date of April 11, 2006, is approximately $724,560,902.

THE PEOPLE OF BIKINI, BY AND THROUGH THE KILI/BIKINI/EJIT LOCAL GOVERNMENT COUNCIL, ELDON NOTE, ET AL., Plaintiffs v. UNITED STATES OF AMERICA, Defendant. No. 06-288C

Bikinians file lawsuit against the U.S. Government in the U.S. Court of Federal Claims

Filed: April 11, 2006 [Download in .PDF]

Bikinians file Amended complaint

Filed: July 18, 2006 [Download in .PDF]

U.S. Motion to Dismiss Bikinians' lawsuit

Filed: September 15, 2006 [Download in .PDF]

Bikinians' Motion in Opposition to the U.S. Motion to Dismiss the Bikinians' lawsuit

Filed: December 18, 2006 [Download in .PDF]

U.S. Motion for Enlargement of Time until January 30, 2007.

Filed: December 20, 2006 [Download in .PDF]

U.S. Reply to Bikinians' Motion to Dismiss

Filed: January 30, 2007 [Download in .PDF]

Bikinians' Motion to Surreply to the U.S. Motion to Dismiss the Bikinians' lawsuit

Filed: February 16 [Download in .PDF]

Bikinians' Surreply to the U.S. Motion to Dismiss the Bikinians' lawsuit

Filed: February 16 [Download in .PDF]

U.S. Motion to Oppose Surreply to the U.S. Motion to Dismiss the Bikinians' lawsuit

Filed: February 27 [Download in .PDF]

Notice of Reassignment of Judge: our case has been reassigned from Judge Block to Judge Miller, the judge in the Enewetak case. The court has filed a Notice of Reassignment to Judge Christine O.C. Miller stating in its entirety: Pursuant to Rule 40.1, this case has been reassigned to the above Judge for the conduct of proceedings pursuant to the Rules of the United States Court of Federal Claims.

Filed: February 27, 2007 [Download in .PDF]

Order Joining the Bikinians' lawsuit with the lawsuit filed by the people of Enewetak

Filed: March 14, 2007 [Download in .PDF]

Order Granting the Bikinians' Motion on Surreply

Filed: March 14, 2007 [Download in .PDF]

Bikinians' Response to Show Cause Order

Filed: March 22, 2007 [Download in .PDF]

US Response to Oppose Order to Consolidate Bikini and Enewetak Cases

Filed: March 23, 2007 [Download in .PDF]

Scheduling Order for April 23, 2007 Oral argument

Filed: March 28, 2007 [Download in .PDF]

Order for May 23, 2007 Briefs

Filed: April 24, 2007 [Download in .PDF]

Summary of April 23, 2007 Oral Argument

Written by Jonathan Weisgall on April 26, 2007 [Download in .PDF]

Official Court Transcript of April 23, 2007 Oral Argument

Filed: April 26, 2007 [Download in .PDF]

Bikini/Enewetak May 23, 2007 Joint Supplemental Brief

Filed: May 23, 2007 [Download in .PDF]

U.S. May 23, 2007 Supplemental Brief

Filed: May 23, 2007 [Download in .PDF]

Order for June 18, 2007 Briefs

Filed: June 6, 2007 [Download in .PDF]

Bikini/Enewetak June 25, 2007 Joint Supplemental Brief

Filed: June 25, 2007 [Download in .PDF]

U.S. June 25, 2007 Supplemental Brief

Filed: June 25, 2007 [Download in .PDF]

August 2, 2007 Order Granting U.S. Motion to Dismiss.pdf (Bikinians lose the lawsuit)

Filed: August 2, 2007 [Download in .PDF]

Bikinians December 21, 2007 Appeal, U.S. Court of Appeals

Filed: December 21, 2007 [Download in .PDF]

U.S. response to Bikinians Appeal, April 4, 2008 Appeal, U.S. Court of Appeals

Filed: April 4, 2008 [Download in .PDF]

Bikinians Appeal response to U.S., April 25, 2008 Appeal, U.S. Court of Appeals

Filed: April 25, 2008 [Download in .PDF]

US Court of Appeals for the Federal Circuit decision affirming the dismissal of the Bikinians' lawsuit

Filed: January 29, 2009 [Download in .PDF]

Appeal to US Supreme Court of the dismisal of the Bikinians lawsuit against the United States

Filed: October 23, 2009 [Download in .PDF]

U.S. Response to US Supreme Court Appeal by the Bikinians.

Filed: March 5, 2010 [Download in .PDF]

US Supreme Court Denies Petition by the Bikinians.

Filed: April 5, 2010 [Download in .PDF]

Current Trust Funds for the People of Bikini Atoll