United States v. Jicalrilla Apache Nation

Funds from natural resources on the Jicarilla Apache Nation's (Tribe's) reservation were held in trust by the federal government. The Tribe sued the government in the Court of Federal Claims for mismanaging those funds and, during discovery, sought legal advice documents from the Solicitor's Office to the Department of Interior. The government claimed attorney-client privilege; the Court of Federal Claims ordered disclosure based on the fiduciary exception, and the Federal Circuit affirmed. The Supreme Court granted certiorari, with the government arguing its duties to the Tribe arose from statutes and regulations, not the common law that created the fiduciary exception.