Federal Court Rejects Warm Springs Tribal Member’s Effort to Invoke McGirt to Challenge Federal Criminal Jurisdiction under the ICCA and ACA

Here are the materials in United States v. Smith (D. Or.):

78 Motion to Vacate

84 Response

85 Reply

92 DCT Order

Prior decisions involving the same defendant are here (Ninth Circuit) and here (Oregon appellate court).

Three Tribes Withdraw Laches as a Defense in US v. Washington Subproceeding 17-03

Here are the notices of withdrawal of laches as a defense in United States v. Washington subproceeding 17-03 (W.D. Wash.):

Sub 17-03 Swinomish Indian Tribal Community Notice of Withdrawal of Laches Defense 011921

Sub 17-03 The Tulalip Tribes Withdrawal of Laches Defense 011921

Sub 17-03 Upper Skagit Indian Tribe Withdrawal of Laches Defense 011921

Prior posts here and here.

As I wrote in 2015, I see this as a good thing — the possibility that the laches defense could be used against tribal treaty rights has hung like a smoggy haze over Indian country ever since 2005. It staggers me to think that tribes would do this to themselves for short-term, and probably illusory, gain.

Federal Claims Court Dismiss Claims of Irrigators in Wapato Irrigation Project [near Yakama Nation]

Here are the materials in Olson v. United States (Fed. Cl.):

34 Amended Complaint

35 Motion to Dismiss

36 Response

40 Reply

46 US Supplemental Brief

47 Response

48 DCT Order

Cherokee Nation Prevails Against Insurance Company over Pandemic-Forced Business Shutdown

Here are the materials in Cherokee Nation v. Lexington Ins. Co. (Cherokee County Dist. Ct.):

2020-4-13 Petition

2020-08-11 Cherokee first MPSJ

2020-09-14 Arch Opposition Brief – OK MPSJ

2020-09-14 Aspen resp to MPSJ

2020-09-14 Evanston Supp Resp to MPSJ

2020-09-14 HALLMARK CHEROKEE – Hallmark Resp to MPSJ

2020-09-14 INSURERS Opp Cherokee’s MPSJ

2020-09-14 Landmark – Cherokee – Supp Opposition Brief – OK MSJ

2020-09-14 XL’s Opposition to Cherokee’s MPSJ [20-0914]

2020-11-20 Notice of Supp Authortiy (Western District)

2020-12-11 – Cherokee Reply to Arch- MSJ

2020-12-11 – Cherokee Reply to Aspen – MPSJ

2020-12-11 – Cherokee Reply to Evanston – MPSJ

2020-12-11 – Cherokee Reply to Hallmark – MPSJ

2020-12-11 – Cherokee Reply to Landmark – MPSJ

2020-12-11 – Cherokee Reply to Liberty Mutual – MPSJ

2020-12-11 – Cherokee Reply to XL Insurance America – MPSJ

2020-12-11 Cherokee Reply to Insurers MPSJ

2020-12-17 Cherokee – Liberty Mutual, Landmark, Arch Motion for Leave to file SurRely

2020-12-17 Insurers’ Ntc of Supplemental Authority

2021-01-06 Arch Sur-Reply to MPSJ

2021-01-06 Landmark Sur-Reply to MPSJ

2021-01-06 Liberty Mutual Sur-Replyto MPSJ

2021-01-14 Order – Granting Cherokee’s MPSJ